Court of Appeal reiterates the test of reasonableness in removal cases involving British children (Runa v Secretary of State for the Home Department)

Article summary

Immigration analysis: This appeal involved the interpretation of section 117B(6) of the Nationality Immigration and Asylum Act 2002 (NIAA 2002)—‘In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where—(a) the person has a genuine and subsisting parental relationship with a qualifying child, and (b) it would not be reasonable to expect the child to leave the United Kingdom’). The court reiterated that in cases involving qualifying children the only question is whether it would it be reasonable for them to leave the UK. A fact-finding exercise is called for so all relevant facts can be established, against which this single question can be addressed. That there may be no insurmountable obstacles to them leaving the UK with their family does not answer the question of whether it is reasonable for them to have to do so. Written...