Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

20 NOV 2008

IMMIGRATION: R (A) v Secretary of State for the Home Department [2008] EWHC 2844 (Admin)

(Queen's Bench Division (Administrative); John Howell QC sitting as a deputy judge of the HC; 20 November 2008)

The Secretary of State's policy, DP 5/96, containing a presumption that no enforcement action would be taken against children who had been resident in the UK continuously for 7 or more year ('relevant children', was applicable to all relevant children, whether or not they had been living with a parent who had no lawful entitlement to remain in the UK. While the foundation of DP 5/96 was the private life that a child who had lived here for that period would have established in the jurisdiction, whether or not the child had any leave to be here, the Secretary of State's approach to children who had established roots in the jurisdiction by their residence did not appear to be the result of any coherent overall approach. In taking into consideration that a child was not living with a parent who required leave to remain, the Secretary of State had discriminated against the child in this case.

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online

Family Law


"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online
Subscribe to our newsletters