Source: All England Reporter
Publisher Citation: [2005] All ER (D) 387 (Nov)
Court: Court of Appeal, Civil Division

Judge, Latham and Hallett LJJ

Representation Tim Buley (instructed by Duncan Lewis & Co) for the claimant.
  Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 29 November 2005


Immigration - Leave to enter - Refusal of leave - Appeal - Adjudicator finding removal amounting to disproportionate interference with right to respect for private and family life - Immigration Appeal Tribunal finding removal not contrary to claimant's human rights - Whether adjudicator applying correct test - Whether appeal tribunal dealing adequately with adjudicator's decision - , Sch 1, Pt 1, art 8.

The Case

Where both the decision of the adjudicator and the decision of the Immigration Appeal Tribunal had been flawed, the claimant's appeal, concerning whether his removal would be a disproportionate interference with his right to private and family life pursuant to art8 of the European Convention on Human Rights, would be remitted to a tribunal for reconsideration.

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