Nationality, Immigration and Asylum Act 2002

[F1 117A Application of this Part U.K.

(1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—

(a) breaches a person's right to respect for private and family life under Article 8, and

(b) as a result would be unlawful under section 6 of the Human Rights Act 1998.

(2) In considering the public interest question, the court or tribunal must (in particular) have regard—

(a) in all cases, to the considerations listed in section 117B, and

(b) in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.

(3) In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).]

Textual Amendments

F1 Pt. 5A inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 19, 75(3); S.I. 2014/1820, art. 3(o)