It will only be in the most unusual circumstances that the Tribunal will be able to decide that removal would be contrary to the policy. This is because in operating the policy the Secretary of State makes clear that he considers a range of factors beyond the child’s length of residence in the United Kingdom. Further, these are often factors that may be contentious and about which the Secretary of State is likely to have special knowledge.
References: [2005] UKIAT 00024
Links: Bailii
Judges: Mr J Perkins (Vice President)
Jurisdiction: England and Wales
Last Update: 25 October 2020; Ref: scu.222485