When considering the best interests of children Lord Kerr ruled on the "primacy" of best interest considerations and stating that "only reasons of considerable force [can] displace it".
The court also recognised that "an important part of this is discovering the child’s own views" and stressed the need for early and effective legal representation that would "enable the right questions to be asked and answered at the right time".
Syd Bolton and Baljeet Sandhu, co-directors of the Refugee Children’s Rights Project, which is run by the Children’s Legal Centre and the Islington Law Centre, said: "This decision marks a significant step forward. The court has now set in stone the need to recognise the rights of the child and has sought to address the injustice done to children when immigration control is put before their welfare and needs.
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