Immigration: Judgments

Mr. Clegg
To ask the Secretary of State for the Home Department what guidance has been issued to immigration officers in light of the ruling by the House of Lords in (a) Huang and (b) Kashmiri v. Secretary of State for the Home Department.

John Reid
The House of Lords ruling related specifically to the considerations given by the Asylum and Immigration Tribunal (AIT). This advised that, when assessing proportionality, the AIT was required to weigh up all relevant competing considerations and was not required to establish that the circumstances of a case were truly exceptional in order to find that removal would give rise to an unlawful interference with article 8 rights. As no specific findings were made to considerations given by immigration officers, no general guidance has been issued. Where article 8 claims are made the Border and Immigration Agency do consider all factors raised.