Key Update! A decision in the Supreme Court leads to updated guidance from the Home Office
The Supreme Court, in October 2018 gave its judgment in the conjoined cases of KO (Nigeria); IT (Jamaica); NS (Sri Lanka) and others; Pereira v Secretary of State for the Home Department [2018] UKSC 53. The decision clarifies the approach that the First Tier Tribunal should take to the question of whether a child and/or their parents should be removed from the UK in circumstances where it is claimed that this would constitute a disproportionate interference in their rights to private and family life. these types of cases are normally considered under Paragraph 276 ADE of the Immigration Rules, Appendix FM of the Immigration Rules and applications made under Article 8 of the ECHR (Human Rights cases). Essentially, the Court held that misconduct by the parents — criminal or immigration-related offences — should not form part of the assessment of whether a child should be removed from the UK. As a result, it should also not form part of the assessment of whether Article 8 requires ...