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.
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 language | English |
|---|---|
| Pages (from-to) | 244-263 |
| Number of pages | 20 |
| Journal | Journal of Immigration, Asylum and Nationality Law |
| Volume | 31 |
| Issue number | 3 |
| Publication status | Published - 2017 |
