Case details

NS (Sri Lanka) and others (Appellants) v Secretary of State for the Home Department (Respondent)

Case ID: UKSC 2016/0187

Case summary

Issue(s)

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.

Facts

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.

Judgment appealed

[2016] EWCA Civ 705

Parties

Appellant(s)
  1. NS
  2. AR
  3. CW
Respondent(s)

Secretary of State for the Home Department

Intervener(s)

Equality and Human Rights Commission

Appeal

Justices

Lord Kerr, Lord Wilson, Lord Reed, Lord Carnwath, Lord Briggs

Hearing start date

17 Apr 2018

Hearing finish date

18 Apr 2018

Watch hearing
17 Apr 2018 Morning session Afternoon session
18 Apr 2018 Morning session Afternoon session