All Articles: Children

Supreme Court: bad behaviour by parent irrelevant to best interests of children

The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces removal from the UK. The case is likely to be referred to as KO (Nigeria) ...

24th October 2018 By

Immigration and nationality law for adopted children

Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross o ...

17th October 2018 By

Upper Tribunal tackles the law on the parent/child relationship

In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpf ...

16th October 2018 By

Help Refugees judgment: too little, too late for Calais children?

This is the second of two Court of Appeal cases this year about whether the Home Office behaved unlawfully towards vulnerable child asylum seekers during and after the demolition of the Calais refugee camp in 2016. The first appeal, R (Citizens UK) v ...

5th October 2018 By

Visas for children under Appendix FM of the Immigration Rules

In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix FM. As we have seen in recent posts on the subject, Appendix FM (for “family members”) sets out the rules f ...

25th September 2018 By

How can the Home Office tear up the British passport of a six-year-old boy born in Leeds?

The Independent and the Telegraph are reporting on the upsetting case of a little boy, born in Leeds, who is being denied re-entry to the UK because the Home Office has revoked his British passport. Mohamed Bangoura, aged six, was staying with relat ...

6th September 2018 By

Briefing: Parliament never intended for children to be charged sky-high fees to register as citizens

The British Nationality Act 1981, which took effect on 1 January 1983, introduced British citizenship into UK nationality law. In doing so, it removed the principle of jus soli – the principle by which citizenship is acquired by being born on the te ...

4th September 2018 By

Part of the British Nationality Act 1981 found incompatible with human rights law

It is said to be a wise child who knows his own father. It might be thought, having read the facts of this case, that it is an even wiser child who knows who is deemed to be her father for the purposes of the British Nationality Act 1981… The openin ...

30th July 2018 By

Home Office makes almost £100 million from children registering as British citizens

Home Office profit on the fees charged to children exercising their right to British citizenship comes to nearly £100 million over the past five years, Free Movement analysis has shown. The controversially high fee for the citizenship process known a ...

4th July 2018 By

Tribunal decides on Immigration Rules for overseas adoptions, rescues “feral” child

The case of TY (Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC) involves the complex interplay between the Immigration Rules and international adoption law. It is a must-read for anyone involved in applications or ...

28th June 2018 By

How to apply for a visa as the parent of a child in the UK

The Immigration Rules permit parents living overseas, who have British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this catego ...

25th June 2018 By

Boys to men: how to prepare asylum appeals for young Afghans

There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The latest immigration statistics show that Afghans are still outside the top five nationalities claiming asylum in t ...

21st June 2018 By

Court of Appeal explains protection duty after Home Office loses trafficked child

In R (TDT, by his litigation friend Tara Topteagarden) v Secretary of State for the Home Department [2018] EWCA Civ 1395 the Court of Appeal considered the threshold at which the duty to protect trafficked persons under article 4 of the European Conve ...

20th June 2018 By

New statement of changes to the Immigration Rules: HC1154

On Friday 15 June, a new statement of changes was laid. Rather atypically, many of the changes are welcome news! All changes will come into force on 6 July 2018, although some only apply to applications made after that date. As always, practitioners a ...

18th June 2018 By

Council criticised for failure to provide accommodation to child refugees

Most unaccompanied child asylum seekers and refugees will be “children in need” for the purposes of the Children Act 1989. So the issue of whether or not local authorities have properly exercised their duties to provide accommodation and care freq ...

13th June 2018 By

Can children and parents apply to remain after seven years residence?

From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. On top of that, children do not make the ...

2nd May 2018 By

Comment: the fee for children to register as British is the next Windrush scandal

Like Commonwealth citizens unable to pay for residence cards, children entitled to register for British citizenship are prevented from taking up their rightful status in the UK by swingeing Home Office fees, write Solange Valdez-Symonds and Steve Vald ...

20th April 2018 By

“Powerful reasons” needed to remove a child from UK after seven years

In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again at the balancing exercise between a child’s best interests and the public interest when decidi ...

26th March 2018 By

New guidance on family and private life applications: a harsher test for parents of British kids?

On 23 February 2018, the Home Office issued new guidance on dealing with applications for leave to remain on the basis of family life as a partner or parent or on the basis of private life, on a ten-year route to settlement. Under the heading “chang ...

20th March 2018 By

Stateless child denied leave to remain

In JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 188 the Court of Appeal grappled with an interesting point on the proper interpretation of paragraph 403(c) of the Immigration Rules. Paragraph 4 ...

5th March 2018 By

Do unrecognised adoptions confer EU free movement rights? Maybe…

The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the  ...

15th February 2018 By

Unaccompanied children and Dublin III: the latest instalment

In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of Article 17 of the Dublin III regulation, the so-called “discretionary clause”, and found it to be narrow indeed. The c ...

26th January 2018 By

The Immigration Act 2014 and the law of unintended consequences

Legislation meant to make life tougher for immigrant families accessing services may instead have brought some small relief. R (U and U) v Milton Keynes Council [2017] EWHC 3050 (Admin) was an application to judicially review Milton Keynes’ decisio ...

7th December 2017 By

Dental x-rays in age assessment: art not science

Upper Tribunal Judge Rintoul’s elegant, succinct summary of the law on age assessment, with which he opens the determination in R (AS) v Kent County Council (age assessment; dental evidence) [2017] UKUT 446, reminds us that pinpointing the age of a ...

27th November 2017 By

Supreme Court rejects a right to non-contributory benefits for Zambrano carers

In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision ...

17th November 2017 By

Asylum age assessments: the Court of Appeal is not a tribunal

In Bedford County Council v GE (Eritrea) [2017] EWCA Civ 1521 the Court of Appeal refused to overturn an age assessment simply because the local authority disagreed with judicial findings of fact. The judgment upheld the Administrative Court’s decis ...

16th November 2017 By
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