N v Secretary of State for the Home Department

N v Secretary of State for the Home Department

The adjudicator did not apply the correct 'truly exceptional' test as required by Huang. The case must be remitted to the Asylum and Immigration Tribunal for reconsideration under the proper legal standard, with the British citizenship of the child being a relevant factor.

Parties
Claimant/appellant: N; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
24 March 2006
Procedural Posture
Civil Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome
appeal allowed; case remitted for reconsideration
Legal Topics
Article 8 ECHR, Removal of Non Citizen Parent, British Citizenship of Child, Exceptional Circumstances Test
Immigration Law Human Rights Law Article 8 ECHR Removal of Non Citizen Parent British Citizenship of Child Exceptional Circumstances Test

Case Brief

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Parties

N

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether removal of the appellant would breach Article 8 of the European Convention on Human Rights
  2. 2 Whether the circumstances are 'truly exceptional' within the meaning of Huang v Secretary of State for the Home Department
  3. 3 The relevance of the child's British citizenship to proportionality under Article 8

Ratio Decidendi

The adjudicator did not apply the correct 'truly exceptional' test as required by Huang. The case must be remitted to the Asylum and Immigration Tribunal for reconsideration under the proper legal standard, with the British citizenship of the child being a relevant factor.

Court Disposition

appeal allowed; case remitted for reconsideration

Orders

  • Remit the case to the Asylum and Immigration Tribunal for reconsideration by an immigration judge or judges under the correct legal test.