Kaur (Children’s Best Interests / Public Interest Interface): UTIAC 10 Jan 2017

UTIAC (1) The seventh of the principles in the Zoumbas code does not preclude an outcome whereby the best interests of a child must yield to the public interest.
(2) This approach has not been altered by Part 5A of the Nationality, Immigration and Asylum Act 2002.
(3) In the proportionality balancing exercise, the best interests of a child must be assessed in isolation from other factors, such as parental misconduct.
(4) The best interests assessment should normally be carried out at the beginning of the balancing exercise.
(5) The ‘little weight’ provisions in Part 5A of the 2002 Act do not entail an absolute, rigid measurement or concept; ‘little weight’ involves a spectrum which, within its self-contained boundaries, will result in the measurement of the quantum of weight considered appropriate in the fact sensitive context of every case.
(6) In every balancing exercise, the scales must be properly prepared by the Judge, followed by all necessary findings and conclusions, buttressed by adequate reasoning.


[2017] UKUT 14 (IAC)




Nationality, Immigration and Asylum Act 2002 5A


England and Wales


Updated: 28 January 2022; Ref: scu.573289