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04 July 2014
Issue: 7613 / Categories: Case law , Law digest , In Court
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Immigration

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EV (Philippines) and others v Secretary of State for the Home Department [2014] EWCA Civ 874, [2014] All ER (D) 211 (Jun)

Where the First-tier Tribunal (Immigration and Asylum Chamber) had determined that the best interests of a child were to continue with his education in England, it then had to carry out the proportionality exercise. Whether or not it was in the interests of a child to continue his education in England might depend on what assumptions one made as to what happened to the parents. There could be cases where it was in the child’s best interests to remain in education in the UK even though one or both parents did not remain. The best interests of the child were to be determined by reference to the child alone without reference to the immigration history or status of either parent. In determining whether or not the need for immigration control outweighed the best interests of the children, it was necessary to determine the relative strength of the factors which made it in their best interests to

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