All Articles: Children

Legal battle to stop Home Office dispatching a 10-year-old for female genital mutilation

The High Court has granted a Female Genital Mutilation Protection Order in the case of a 10-year-old girl who the Home Office is trying to remove to Bahrain. The case is A (A child) (Female Genital Mutilation Protection Order Application) [2020] EWHC ...

13th March 2020 By

Mother of two British children denied visa to move with them to the UK

The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments around Appendix FM and the rules relating to the rights of family members of British citiz ...

24th February 2020 By

£1,000 child citizenship fee found unlawful

The High Court has ruled that charging a citizenship fee of over £1,000 to children is unlawful. The decision will be widely welcomed by campaigners who have long argued that the fee charged to register a child as British, which is set far above the ...

19th December 2019 By

My client’s 13-year-old son is alone in Ghana and she can’t afford £2,500 in Home Office fees to bring him here

In July 2018, a Ghanaian lady named Florence* received a call to say that her 12-year-old son was about to be left on the streets of Accra unless she came to take him. The boy had been in the care of Florence’s sister, who had recently died. Flo ...

22nd November 2019 By

Government drops appeal in citizenship case where girl’s mother married to someone else

A law preventing men from passing on British citizenship to their biological offspring where the child’s mother is married to someone else may now be reconsidered in light of a government decision to drop its appeal against a landmark ruling made la ...

19th November 2019 By

EU children can be lawfully resident in the UK without exercising treaty rights

The Upper Tribunal judgment in MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC) confirms that certain EU citizen children in the UK can be considered lawfully resident for the purposes of Article 8 of the European Convention on Huma ...

19th November 2019 By

British by descent: when the child of a British citizen is not themselves British

A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that she must leave the UK. It is always difficult to comment on news stories without knowing the full facts but it is certai ...

15th October 2019 By

Disclosure of documents from family court proceedings

The recent – and by now infamous – case of Re Nasrullah Mursalin [2019] EWCA Civ 1559, in which a paralegal was sentenced to six months’ imprisonment for disclosing papers from family proceedings to an immigration tribunal judge, has generated m ...

9th October 2019 By

Why can’t my children join me in the UK?

Earlier this week, the Guardian published the story of Amber Murrey, a US academic who got a job at Oxford as an associate geography professor, but whose two daughters, aged 4 and 9, were refused visas to join her in the UK. The story explains that Ms ...

4th October 2019 By

Family courts have no power to prevent removal of children at risk of FGM abroad

The President of the Family Division has decided that the family courts have no jurisdiction to interfere with immigration control, even if they think it is necessary to protect a girl from female genital mutilation (FGM). The most they can do is to a ...

1st October 2019 By

Change in law for European families offers temporary hope for unrecognised adoptions 

A small amendment to UK law could soon make a big difference to European families resident here who are struggling to bring home children adopted in Muslim countries abroad.  A change to the legal definition of who counts as an EEA citizen’s “fam ...

7th August 2019 By

Comment: Britain’s unaccompanied migrant children should be supported, not abandoned

Unaccompanied asylum-seeking children often get short term leave to remain in the UK for only 30 months or until they turn 17-and-a-half, whichever is the shorter period of time. While they may get extensions at the end of such periods often they simp ...

25th July 2019 By

Court of Justice to rule on eviction of children from asylum shelters 

States have domestic and international legal obligations to provide suitable housing for unaccompanied asylum-seeking children. But a vulnerable young client at the Refugee Legal Support (RLS) clinic in Athens was last month kicked out of his accommod ...

4th July 2019 By

Law Commission proposals could transform international surrogacy

The Law Commission has proposed a new surrogacy pathway, replacing the “outdated” existing laws about having a child on behalf of somebody else. The key provisions of the current legislation have remained relatively constant for almost thirty year ...

11th June 2019 By

Important new judgments on KO (Nigeria) case and removing migrants with children in the UK

The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a child ...

15th April 2019 By

Unrecognised adoptions can attract EU free movement rights

Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now gone from the Supreme Court to the Court of Justice of the Eur ...

28th March 2019 By

Briefing: the best interests of children in immigration cases

It is a decade since the UK agreed to lift its immigration reservation to the UN Convention on the Rights of the Child, recognising that “migrant” children are, well, children too. Section 55 of the Borders, Citizenship and Immigration Act ...

4th March 2019 By

Home Office put eight-month-old baby with British citizenship in immigration detention centre

The High Court has allowed a Home Office appeal arguing that it is not necessarily unlawful to put British citizens in immigration detention. The judgment in Home Office v TR & Anor [2019] EWHC 49 (QB) concerned an eight-month-old baby d ...

18th January 2019 By

Children of single parents: the sole responsibility and exclusion undesirable tests

Where parents have already or are relocating to the United Kingdom and both parents will end up in the UK (or one parent will and the other is deceased) then the Immigration Rules permit them to bring their children. The main requirements are that the ...

3rd January 2019 By

Scottish court muddies the waters following KO (Nigeria)

Regular readers of this blog will, by now, be well aware of the Supreme Court’s decision in KO (Nigeria) which determined the correct approach in immigration cases involving children who are either British or who have lived in the UK for seven years ...

17th December 2018 By

Briefing: how lawyers can help young people in the asylum system

Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings is bad enough. It is even worse when Home Office officials are highly sceptical about a young person’ ...

10th December 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 ...

28th November 2018 By

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
1 2 3 4