判决理由
When deciding immigration appeals engaging Article 8 ECHR, the appellate body must decide for itself whether the refusal of leave to enter or remain is proportionate, applying the structured proportionality test rather than simply reviewing the decision-maker's reasoning.
事实
Two immigration cases were heard together. Both appellants claimed that removal from the UK would breach their Article 8 right to respect for family life.
判决摘要
The House of Lords held that tribunals must conduct their own proportionality assessment. They should not simply ask whether the decision-maker's conclusion was within a range of reasonable responses, but must decide the ultimate question of proportionality for themselves.
关键引述
"The tribunal must decide for itself whether the impugned decision is unlawful as incompatible with a Convention right."
— Lord Bingham
后续处理
Standard authority on the role of tribunals in Article 8 immigration appeals.