The court considered the meaning of the term ‘unduly harsh’ in paragraph 399 of the Immigration Rules and section 117C(5) of the Nationality, Immigration and Asylum Act 2002. . .
To bring a case within Exception 2 in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, the ‘unduly harsh’ test will not be satisfied, in a case where a child has two parents, by either or both of the following, without more: (i) evidence of the particular importance of one parent in the lives … Continue reading Imran (Section 117C, Children, Unduly Harsh : Pakistan): UTIAC 11 Feb 2020
(1) The word ‘partner’ is not defined in Part 5A of the Nationality, Immigration and Asylum Act 2002. The definition of ‘partner’ in GEN 1.2 of Appendix FM to the Immigration Rules does not govern the way in which ‘partner’ is to be interpreted in Part 5A. (2) A person who satisfies the definition in … Continue reading Buci (Part 5A: ‘Partner’ : Albania): UTIAC 27 Feb 2020
(1) In its application to a ‘qualifying child’ within the meaning of section 117D of the Nationality, Immigration and Asylum Act 2002, section 117C(5) imposes the same two requirements as are specified in paragraph 399(a)(ii) of the Immigration Rules; namely, that it would be unduly harsh for the child to leave the United Kingdom and … Continue reading Patel (British Citizen Child – Deportation): UTIAC 29 Jan 2020
(1) In KO (Nigeria) and Others v Secretary of State for the Home Department [2018] UKSC 53, the approval by the Supreme Court of the test of ‘unduly harsh’ in section 117C(5) of the Nationality, Immigration and Asylum Act 2002, formulated by the Upper Tribunal in MK (Sierra Leone) v Secretary of State for the … Continue reading RA (S117C: ‘Unduly Harsh’; Offence: Seriousness) Iraq: UTIAC 4 Mar 2019
The Court considered linked issues as to the treatment of ‘qualifying children’ and their parents, under the statutory regime contained in Part 5A of the Nationality, Immigration and Asylum Act 2002. Three appellants (KO, IT and NS) argued that when . .
