(i) In section 117B(1)-(5) of the Nationality, Immigration and Asylum Act 2002 parliament has made no distinction between adult and child immigrants.
(ii) The factors set out at section 117B(1)-(5) apply to all, regardless of age. They are not however an exhaustive list, and all other relevant factors must also be weighed in the balance. These may include age, vulnerability and immaturity.
(iii) The juridical status of the relevant Home Office ‘Immigration Directorate Instructions’ must be appreciated. While these are subservient to primary and secondary legislation and the Immigration Rules, they rank as a relevant consideration, framed in flexible terms, to be taken into account by decision makers in every case where they apply.
Judges:
McCloskey J P, Bruce UTJ
Citations:
[2016] UKUT 131 (IAC)
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002 117B
Jurisdiction:
England and Wales
Immigration
Updated: 16 August 2022; Ref: scu.564156
