Huang v Home Secretary explained

Huang v Home Secretary
Court:	House of Lords
Date Decided:	21 March 2007
Citations:	[2007] UKHL 11

Huang v Secretary of State for the Home Department [2007] UKHL 11 is a UK constitutional law case, concerning judicial review.^[1]

Judgment

The House of Lords held Huang and Kashmiri’s cases succeeded. The claimants’ rights needed to be read purposively and in context. An appellate authority, faced with questions under ECHR art 8, had to decide itself whether refusal was lawful, and was not a secondary reviewing body exercising deference where irrationality or something else had to be established.Lord Bingham said the following:^[2]

Lord Hoffmann, Baroness Hale, Lord Carswell and Lord Brown agreed.

See also

• UK constitutional law
• E v Secretary of State for the Home Department (Appeal involving the Immigration Appeal Tribunal (IAT) and new evidence)

Notes and References

1. Web site: IMMIGRATION: Huang v Secretary of State for the Home Department; Kashmiri v Same [2007] UKHL 11]. 28 March 2007. www.familylaw.co.uk. en. 2019-04-08.
2. Book: Cases & Materials on Constitutional & Administrative Law. Thompson. Brian. Gordon. Michael. 2017. Oxford University Press. 9780198767732. en.