PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
A child who has a British parent and is born and raised in the UK is a citizen and has a citizen’s rights, which must be considered by the court in any decision made regarding the child’s welfare.
In deciding the case of a Tanzanian woman who had made three failed asylum claims, the Supreme Court ruled that her children, who were born in the UK to a British father, had rights which had to be taken into consideration when making a decision that would affect their ability to remain in the UK.
Merely assuming that the children ‘could adapt’ if their mother’s claim was refused and she was repatriated to Tanzania with them was not adequate. The children had the right to remain in the UK, and their mother’s application to remain had to be considered with that in mind.