PART 1

Removal and other powers

Removal

Restriction on removal of children and their parents etc
2
After section 78 of the Nationality, Immigration and Asylum Act 2002, insert—

Restriction on removal of children and their parents etc
78A
1
This section applies in a case where—
a
a child is to be removed from or required to leave the United Kingdom, and
b
an individual who—
i
is a parent of the child or has care of the child, and
ii
is living in a household in the United Kingdom with the child,
is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).
2
During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—
a
the child may not be removed from or required to leave the United Kingdom; and
b
a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.
3
The relevant appeal rights are exhausted at the time when—
a
neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and
b
no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.
4
Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—
a
the giving of a direction for the removal of a person from the United Kingdom,
b
the making of a deportation order in respect of a person, or
c
the taking of any other interim or preparatory action.
5
In this section—
- “child” means a person who is aged under 18;
- references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.
S. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(a)