Removal And The Rights Of Children

In a recent case ZH (Tanzania) v, Secretary of State for the Home Department the Supreme Court considered the case of a Tanzanian woman who had been in the United Kingdom for 15 years, who had, in the court’s own words, “an appalling immigration history” and who was resisting an order for her removal to Tanzania because she had two children, now aged 12 and 9, born from a relationship with a British citizen, from whom she is now parted, but who still has contact with the children. The court had to give consideration to the best interests of the children, but had also to consider whether those interests might be outweighed by other considerations, in particular the need to maintain firm and fair immigration control. The court concluded that the mother as the principal carer of the children should be allowed to stay. More details of the case are to be found in legal Briefing Paper No 8.50.

25th February 2011 - Legal Matters

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