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 the public interests identified in section 117B (1)-(3).
(ii) Section 117B (4) and (5) are not parliamentary prescriptions of the public interest. Rather, they operate as instructions to courts and tribunals to be applied in cases where the balancing exercise is being conducted in order to determine proportionality under Article 8 ECHR, in cases where either of the factors which they identify arises.
[2015] UKUT 674 (IAC)
Bailii
Nationality, Immigration and Asylum Act 2002 117B, European Convention on Human Rights 8
England and Wales
Immigration, Human Rights
Updated: 17 January 2022; Ref: scu.565381