Legal Update: Impact of Immigration Act 2014

The coalition government has brought in many measures that have had very significant consequences for the lives of people subject to immigration control. Particularly important have been the July 2012 changes to the immigration rules and the ending of immigration legal aid in April 2013. But the Immigration Act 2014, which was passed in May, is the first piece of primary legislation on immigration in this parliament.

It makes important changes to immigration and nationality law that will affect the rights of children.

Children's welfare

In recent years, there have been a number of important legal developments in relation to the best interests of children in the immigration context. Particularly significant was the passing of section 55 of the Borders, Citizenship and Immigration Act 2009, which placed a duty on the Home Office to exercise its immigration control functions having regard to the need to safeguard and promote the welfare of children in the UK. This finally put children affected by immigration control in the same position as children affected by other functions of public bodies and was a hugely positive step. Following this, there were important judgments from the highest courts on the way that a child's interests should be considered in immigration cases and the weight that should be given to them.