The following Immigration guidance note Produced in partnership with Andrew Krisman, Consultant Solicitor provides comprehensive and up to date legal information covering:
This Practice Note discusses the policies followed by Home Office decision-makers in order to comply with the duty to safeguard and promote the welfare of children when making decisions affecting them. It also reviews example case law in the context of a range of situations in which the duty applies.
The Secretary of State for the Home Department (SSHD) has a duty under section 55 of the Borders, Citizenship and Immigration Act 2009 (BCIA 2009), (the s 55 duty) to make arrangements for ensuring that any functions in relation to immigration, asylum or nationality are discharged having regard to the need to safeguard and promote the welfare of children who are in the UK. For information on legal basis and scope of the duty, see Practice Note: The duty to safeguard and promote the welfare of children: legal framework.BCIA 2009, s 55(1)(a)
For information on considerations that advisers should keep in mind when dealing with cases to which the duty applies, see Practice Note: The duty to safeguard and promote the welfare of children: practical tips.
The s 55 duty applies to all immigration decisions and to all courts and tribunals, but has particular resonance in cases raising issues related to Article 8 of the European Convention on Human Rights (ECHR). Article 8 submissions are often the main arguments put forward to the SSHD when an applicant cannot satisfy (or otherwise satisfy) the provisions of the Immigration Rules. As a result, the role of the SSHD in considering the position of children in cases raising Article 8 has proved to be a
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