Knowledge Centre

Family Visas and Human Rights

Section 55 Best Interests of the Child: A Practical Guide for UK Immigration Cases

Section 55 of the Borders, Citizenship and Immigration Act 2009 imposes a mandatory duty on public authorities, including the Home Office, to safeguard and promote the welfare of children in the UK when exercising immigration, asylum or nationality functions. If the Home Office fails to consider the child’s best interests in their decisions, the decision risks being unlawful.  

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