NS (Sri Lanka) and others (Appellants) v Secretary of State for the Home Department (Respondent)
Case ID: UKSC 2016/0187
Whether the conduct of the parent(s) can be taken into account when considering whether it would be reasonable for a child to leave the UK under s.117B(6) of the Nationality, Immigration and Asylum Act 2002.
All three appellants are citizens of Sri Lanka. In October 2008 each of the appellants applied for leave to remain in the UK as a Tier 1 (Post-Study Work) Migrant. In support of these applications they each submitted a Post Graduate qualification in Business Management and an academic reference from The Cambridge College of Learning. Their applications were rejected as the documents they submitted were false; The Cambridge College of Learning had never offered the course the appellants said they had taken. They appealed to the Upper Tribunal which dismissed their appeals. It considered that their removal would be a proportionate interference with their private and family lives. Two of the appellants had children who were ‘qualifying children’ under s.117B(6) of the Nationality, Immigration and Asylum Act 2002. Although it was in the children’s best interests to remain in the UK, the Upper Tribunal nevertheless considered it would be reasonable to expect the children to leave the UK with their parents given their fathers' dishonesty. The Court of Appeal upheld the decision of the Upper Tribunal.
Secretary of State for the Home Department
Equality and Human Rights Commission
Lord Kerr, Lord Wilson, Lord Reed, Lord Carnwath, Lord Briggs
Hearing start date
17 Apr 2018
Hearing finish date
19 Apr 2018
|17 Apr 2018||Morning session||Afternoon session|
|18 Apr 2018||Morning session||Afternoon session|
|19 Apr 2018||Morning session - Not yet available||Afternoon session - Not yet available|