Huang v Secretary of State for the Home Department [2007] 2 AC 167

House of Lords

Facts: Huang challenged the Home Secretary's decision to refuse his application for leave to remain in the UK. The case involved the balancing of individual rights against community interests and the application of proportionality in immigration decisions.

Issues: Whether the refusal of Huang's application was proportionate, considering the balance between individual rights and community interests/Whether the appellate immigration authority properly considered relevant factors and Strasbourg jurisprudence.

Held: The House of Lords dismissed the Secretary of State’s appeal and allowed Huang’s appeal.

(1) Human Rights: The court held that the Secretary of State's decision was not proportionate and did not properly account for the relevant Strasbourg case law.

(2) Proportionality: The court emphasized the necessity of a fair balance between individual rights and community interests, requiring a detailed consideration of proportionality in immigration decisions.

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R (S Begum) v Governors of Denbigh High School [2007] 1 AC 100