Whether it is unreasonable to expect a British Citizen Child to leave the UK: Divergent approach from the Upper Tribunal and Court of Appeal

The Court of Appeal’s decision in Secretary of State for the Home Department v VM (Jamaica) [2017]  EWCA Civ 255  was published on 11 April 2017.  Among other matters, the appeal concerned the effect of the EU rights of children who are British citizens in relation to the proposed deportation of a foreign criminal.


The Upper Tribunal’s decision of SF and others (Guidance, post–2014 Act) Albania [2017] UKUT 00120(IAC) was published on 22 March 2017. The issue was whether because of the nationality of the youngest child( a British citizen),  it would be unreasonable to expect that child to leave the United Kingdom with his other  family members who  had no leave to remain in the UK.


Considered together, these two cases make very interesting reading, however it might be that in light of the decision in VM, the Upper Tribunal may soon  need to  undertake some “housekeeping duties”  in relation to their previous decisions.

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