The troublesome offspring of section 19 of the Immigration Act 2014

Research output: Contribution to journalArticle

Abstract

Section 19 of the Immigration Act 2014 is the UK government's attempt, through primary legislation, to define the parameters of art 8 ECHR claims made by foreign nationals subject to removal or deportation proceedings. It has resulted in competing and conflicting case law that articulates two competing and conflicting interpretations of that statute, which this article refers to as the "weight' and "exception' interpretations. After reviewing and critiquing the discordant case law - the troublesome offspring - this article argues that the proper statutory interpretation of s 19 of the Immigration Act 2014 is that it creates a child-centred exception to imperatives of removal or deportation.
Original languageEnglish
Pages (from-to)244-263
Number of pages20
JournalJournal of Immigration, Asylum and Nationality Law
Volume31
Issue number3
Publication statusPublished - 1 Mar 2017
Externally publishedYes

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