The best interests of the child in UK Immigration Law

 

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The best interests of the child in UK Immigration Law

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The best interests of the child in UK Immigration Law. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.’
Per Lord Kerr in ZH (Tanzania) v SSHD [2011] UKSC 4, at para 46

Critically discuss the extent to which this statement is an accurate reflection of the law relating to migration in the UK.
In executing this essay, I will outline why migration law in the UK is not an accurate reflection of the statement provided. My argument points will cover the lack of best interest foundations despite the importance. I seek to determine that the UK should modify their immigration policy to ensure that the best interest of the child has prominence in immigration law.
The judgement in ZH Tanzania was radical for immigration law as previously children were an afterthought in asylum cases. Article 3 of the Convention on the Rights of the Child 1989 sets out the condition that the best interest of the child should always have prevailing effect in court decisions.  However, in recent years UK law policy have restricted the children rights in child immigration cases.

The best interests of the child in UK Immigration Law

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