Judgments - Huang (FC) (Respondent) v. Secretary of State for the Home Department (Appellant) and Kashmiri (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (Conjoined Appeals)

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22.  As already indicated, we agree with the Court of Appeal's criticism of the standard of review applied by the Immigration Appeal Tribunal in these two cases. We would accordingly dismiss the Secretary of State's appeal in Mrs Huang's case, and uphold the Court of Appeal's order. In Mr Kashmiri's case, the Secretary of State did not seek to uphold the Court of Appeal's order if the House should find that the Immigration Appeal Tribunal had misdirected itself, fairly accepting that Mr Kashmiri was entitled to a decision by a properly directed tribunal. We would accordingly allow his appeal, and remit his case also to the tribunal. Both cases, therefore, are now remitted to be heard before the unified appellate body, the Asylum and Immigration Tribunal. In Mrs Huang's case, the costs order made by the Court of Appeal will stand. The Secretary of State must pay her costs of this appeal to the House. The Secretary of State must pay Mr Kashmiri's costs in the Court of Appeal and the House.

 
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Prepared 21 March 2007