Leave to remain – Application – Reasonableness of expecting child applicant to leave United Kingdom – Proper approach to applying reasonableness test . .
1. British citizenship is a relevant factor when assessing the best interests of the child. 2. British citizenship includes the opportunities for children to live in the UK, receive free education, have full access to healthcare and welfare provision and participate in the life of their local community as they grow up. 3. There is … Continue reading SD (British Citizen Children – Entry Clearance) Sri Lanka: UTIAC 23 Jan 2020
Section 117B(6) of the Nationality, Immigration and Asylum Act 2002 requires a court or tribunal to hypothesise that the child in question would leave the United Kingdom, even if this is not likely to be the case, and ask whether it would be reasonable to expect the child to do so. Citations: [2019] UKUT 72 … Continue reading JG (S 117B, : ‘Reasonable To Leave’ UK (Rev 1)) Turkey: UTIAC 15 Mar 2019
(1) A person who has been deported under a deportation order that remains in force is a person who is liable to deportation within the meaning of section 3 of the Immigration Act 1971 and is therefore unable to bring himself within section 117B(6) of the Nationality, Immigration and Asylum Act 2002. (2) By the … Continue reading Williams (Scope of ‘Liable To Deportation’) Nigeria: UTIAC 2 Mar 2018
If a parent (‘P’) is unable to demonstrate he / she has been taking an active role in a child’s upbringing for the purposes of E-LTRPT.2.4 of the Immigration Rules, P may still be able to demonstrate a genuine and subsisting parental relationship with a qualifying child for the purposes of section 117B(6) of the … Continue reading SR (Subsisting Parental Relationship, S117B,): UTIAC 5 Sep 2018
1. It is not necessary for an individual to have ‘parental responsibility’ in law for there to exist a parental relationship. 2. Whether a person who is not a biological parent is in a ‘parental relationship’ with a child for the purposes of s.117B(6) of the Nationality, Immigration and Asylum Act 2002 depends on the … Continue reading RK, Regina (on The Application of) v Secretary of State for The Home Department (S117B, ; ‘Parental Relationship’ (IJR): UTIAC 22 Dec 2015
UTIAC (i) Section 117B (6) is a reflection of the distinction which Parliament has chosen to make between persons who are, and who are not, liable to deportation. In any case where the conditions enshrined in section 117B(6) of the Nationality, Immigration and Asylum Act 2002 are satisfied, the section 117B(6) public interest prevails over … Continue reading Treebhawon and Others (Section 117B): UTIAC 19 Nov 2015
UTIAC (1) The statutory duty to consider the matters set out in s 117B of the 2002 Act is satisfied if the Tribunal’s decision shows that it has had regard to such parts of it as are relevant. (2) An appellant can obtain no positive right to a grant of leave to remain from either … Continue reading AM (S117B): UTIAC 17 Apr 2015
(1) An appellant in an Article 8 human rights appeal who argues that there is no public interest in removal because after leaving the UK he or she will be granted entry clearance must, in all cases, address the relevant considerations in Part 5A of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Younas (Section 117B, (B); Chikwamba; Zambrano) Pakistan: UTIAC 24 Mar 2020
