Qualifying Child. Proving it is Unreasonable for a Child to Leave the UK

Speaker: Amanda Jones
Chambers: Great James Street Chambers

In this session, immigration and public law specialist Amanda Jones of Great James Street discusses “qualifying children” — British citizens and children who have lived in the UK for more than seven years – and the tests to be applied under the Nationality, Immigration and Asylum Act 2002 s.117B and the Immigration Rules.

The session covers:

  • Sources of the black letter law
  • Case law and developments
  • Preparing for an application to the Home Office and/or appeal to the First Tier Tribunal

Immigration rules

Paragraph 276ADE(1)(iv)

Case law

KO (Nigeria) [2018] UKSC 53

NA (Bangladesh) [2021] EWCA Civ 953

Frequently relevant factors

  • Language
  • Integration into the community
  • Social integration
  • Health

Bio

Amanda is a specialist in immigration and public law. She has advised and appeared in numerous immigration matters in the Court of Appeal, and in the Administrative Court on appeals, judicial review and injunctions. Emergency judicial review grounds and out-of-hours injunction applications (including, if necessary, to the Court of Appeal) are a regular part of her practice.

Amanda advises regularly on the Public Sector Equality Duty and other matters relating to the protected characteristics under the Equality Act 2010, including discrimination. Amanda is also instructed on matters related to sex-based and gender reassignment protections under the Equality Act, and associated disciplinary and political disputes.

Amanda is instructed in asylum cases, particularly in relation to Afghanistan, Pakistan, Bangladesh, India, Iran, Iraq, Syria, Lebanon, Sri Lanka and Saudi Arabia. She also deals with entry clearance work, including the points-based system, visitors, and family reunion, deportation appeals in relation to criminal convictions or alleged terrorist connections, and cases in which a threat to national security is alleged.

Amanda frequently advises on and drafts fresh claims in relation to human rights and asylum, after an initial appeal has been exhausted, and has been instructed on a numbers of cases involving breaches of policy and legitimate expectation in immigration law.

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