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EB (Kosovo) (FC) v Secretary of State for the Home Department [2008] UKHL 41

DATE: 01 Jan 2008


In a crucial judgment on the relevance of delay by the Home Office in assessing proportionality in Article 8 removal cases, the House of Lords allowed an appeal against the judgment of the Court of Appeal. It held that delay was relevant because, amongst other things, it could reduce the weight to given to the interests of immigration control in striking the balance under Article 8(2). The judgment will have implications for a very large number of other cases.

Richard Drabble QC appeared for EB.