*KO (Nigeria) v Secretary of State for the Home Department and other cases

Immigration – Deportation. There was nothing in s 117B(6) of the Nationality, Immigration and Asylum Act 2002 to import a reference to the conduct of the parent when considering whether it would be reasonable for a child to leave the UK. However, the expression 'unduly harsh' in s 117C of the Act seemed clearly intended to introduce a higher hurdle than that of 'reasonableness' under s 117B(6), taking account of the public interest in the deportation of foreign criminals. The Supreme Court, in dismissing four immigration appeals, further ruled that para 276ADE(1)(iv) of the Immigration Rules, concerning applications, by persons under the age of 18, who had continuously lived in the UK for seven years, for leave to remain on the grounds of private life, was directed solely to the position of the child and contained no requirement to consider the criminality or misconduct of a parent as a balancing factor.

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