“Unduly Harsh?”: An Empirical Examination of Best Interests Assessments in the Context of Parental Deportation

Thousands of people are deported from the UK every year, having served a sentence for a serious criminal offence, it being determined that it is no longer in the public interest for them to remain in the UK. For those who are parents, they can appeal against deportation on grounds that it would breach their right to family life and have an unduly harsh impact on their children. Detailed guidance has emerged, setting out the factors that should be taken into account in determining this question in a manner that is compliant with children’s rights. Drawing on an in-depth analysis of a sample of deportation case files, this paper provides a unique empirical insight into the extent to which this guidance is applied in practice, with a particular reference to children’s rights principles and processes.