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Update: immigration

Jane Coker discusses recent deportation cases that highlight the importance of the welfare and best interests of children

26 April 2011

The impact of children in the UK on the assessment of the proportionality under article 8 of decisions to remove or deport individuals or families has resulted in a number of important cases bringing into sharp relief the wide range of factors that are to be considered and the emphasis that is to be placed on the best interests of the child.

The headnote of LD (article 8 – best interests of the child) Zimbabwe [2010] UKUT 278, which was heard in July 2010, set out in broad terms the factors to be considered:

1. Consistent application of the Immigration Rules to promote the economic and social policy of the UK is a relevant factor in carrying out the balancing exercise under article 8(2) but the weight attached to it depends on the context of the case, whether there was ever any claim under the rules for indefinite leave to remain, and why such claim was not accepted.

2. In the particular circumstances of this ca...

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