The Supreme Court case has unanimously dismissed four appeals by deportees in cases involving the right to family life.
The four cases were linked together in one judgment, KO v Home Secretary [2018] UKSC 53. The appellants argued that the tribunal should only be concerned with the effect on the child and not with the conduct of the parents when determining whether it is ‘reasonable to expect’ a child to leave or whether the decision is ‘unduly harsh’ on their child. The Home Secretary countered that a balancing exercise is required between the impact on the child and the public interest.
Among the three men, KO was convicted of conspiracy to make false representations. IT supplied Class A drugs and was deported in 2010. NS and two others falsified documents for immigration purposes.
The fourth appellant, 19, came to the UK aged six but whose parents had returned to Sri Lanka. His appeal was dismissed but his case has been sent back to the Upper Tribunal.
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