N v Secretary of State for the Home Department [2006] EWCA Civ 414 (24 March 2006)

N v Secretary of State for the Home Department [2006] EWCA Civ 414 (24 March 2006)

The adjudicator did not apply the correct 'truly exceptional' test required by Huang; the case must be remitted to the tribunal for reconsideration under the proper legal standard, with recognition that the child's British citizenship is a relevant factor.

Citation
[2006] EWCA Civ 414
Parties
Claimant/appellant: N; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
24 March 2006
Procedural Posture
Appeal From Asylum and Immigration Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed to the extent of remitting the case to the tribunal for reconsideration under the correct legal test.
Legal Topics
Article 8 ECHR, Deportation, British Citizenship, Proportionality, Exceptional Circumstances
Immigration Law Human Rights Law Article 8 ECHR Deportation British Citizenship Proportionality Exceptional Circumstances

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Parties

N

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Asylum and Immigration Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether removal of the appellant would breach Article 8 ECHR due to the British citizenship of her child
  2. 2 Whether the circumstances are 'truly exceptional' under the test in Huang v Secretary of State for the Home Department

Ratio Decidendi

The adjudicator did not apply the correct 'truly exceptional' test required by Huang; the case must be remitted to the tribunal for reconsideration under the proper legal standard, with recognition that the child's British citizenship is a relevant factor.

Court Disposition

Appeal allowed to the extent of remitting the case to the tribunal for reconsideration under the correct legal test.

Orders

  • Case remitted to the Asylum and Immigration Tribunal for reconsideration by an immigration judge or judges applying the test in Huang.