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Interests of the child in immigration cases involving criminality

This recent Supreme Court case has given further clarification on how the best interests of the child are considered in immigration cases, in particular when there has been criminality on the part of the parents.

The cases examined the interpretation of paragraph 276ADE(1)(iv) of the Immigration Rules and provisions in the Immigration Act 2014 that were designed to limit the discretion of the courts when deciding cases based on Article 8 of the European Convention on Human Rights. Four cases were involved, with different individual circumstances but the central issue in each was that of the parent's conduct. The court held that the conduct of a parent, including criminal conduct, is not relevant when considering the best interests of the child, on the basis that a child should not be blamed for matters for which he or she is not responsible.

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