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LOCATION: Home » Best interests of children

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The Seven-Year Child Reasonableness Test - NA (Bangladesh)
By Alexandra Pease - Barrister Partner

The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from...

 the UK if no other countervailing factors were present.  This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases...

Best interests of children can be outweighed by parental misconduct
By Richmond Chambers -

In Kaur (children’s best interests / public interest interface) [2017] UKUT 14 (IAC) (10 January 2017) the Upper Tribunal has given further guidance on the assessment of children’s best interests in the context...

 of Article 8. Specificially, the Upper Tribunal considered the scope of the principle that a child must not be blamed for matters for which he or she is not responsible, such as the poor immigration...

Deportation - criminality and best interests of children: CT (Vietnam) [2016] EWCA Civ 488
By Dr. Catherine Taroni - Immigration Barrister

The Court of Appeal, composed of Lord Justice Tomlinson and Lady Justice Rafferty DBE, heard argument in CT (Vietnam) [2016] EWCA Civ 488 on 5 May 2016. This was an appeal from the decision of the Upper Tribunal,...

 whose outcome protected CT from deportation. Facts CT arrived in the UK in 1991 and was granted refugee status (since revoked), and indefinite leave to remain. He returned to Vietnam in breach of...

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 - a case summary
By Richmond Chambers -

Immigration has recently been a hot topic in the UK Supreme Court, with two decisions being handed down within a week of each other – first Patel & Ors v Secretary of State...

 for the Home Department [2013] UKSC 72 (20 November 2013), quickly followed by Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 (27 November 2013).

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