Hussain v Secretary Of State For Home Department

Hussain v Secretary Of State For Home Department

Permission to appeal is refused because the IAT correctly balanced the need for effective immigration control against the interference with family life and properly considered the impact on the applicant's wife and stepchildren.

Parties
Applicant/respondent: Sheikh Saeed Hussain; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Immigration Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
permission to appeal refused
Legal Topics
Article 8 ECHR, Family Life, Immigration Control, Proportionality
Immigration Law Human Rights Law Article 8 ECHR Family Life Immigration Control Proportionality

Case Brief

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Parties

Sheikh Saeed Hussain

Applicant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Immigration Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in overturning the Special Adjudicator's finding that removal would breach Article 8
  2. 2 To what extent the impact on family members should be considered in Article 8 immigration cases

Ratio Decidendi

Permission to appeal is refused because the IAT correctly balanced the need for effective immigration control against the interference with family life and properly considered the impact on the applicant's wife and stepchildren.

Court Disposition

permission to appeal refused

Orders

  • application for permission to appeal is refused