- Court of Appeal considers seven-year child provisions (NA (Bangladesh) v SSHD)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Immigration analysis: This is the latest in a series of cases considering when removal will breach a person’s rights to private and family life under Article 8 of the European Convention on Human Rights (ECHR) viewed through the prism of sections 117A–117D of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002). The Court of Appeal considered the meaning of NIAA 2002, s 117B(6), which provides that the public interest does not require the removal of a parent where it would not be reasonable for their British child, or minor child resident in the UK for seven years or more, to leave UK. It held that this does not create a presumption ‘in favour of a seven-year child, and thus their parents’ being been granted leave to remain. Written by Alison Harvey, barrister, No5 Chambers.
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