Jurisdiction(s):
United Kingdom

Deportation, parental alienation and children’s Article 8 and section 55 rights: UK Supreme Court in Makhlouf v SSHD (Northern Ireland) finds no duty to further enquire absent relationship

Published on: 21 November 2016

Published by a LexisNexis Immigration expert

Legal News

Article summary

Original news Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59, [2016] All ER (D) 93 (Nov)

The Supreme Court rejected an appeal against a deportation order made against a foreign offender, notwithstanding that his children are British citizens living in the UK. While the appellant argued that removal would violate his and his children’s rights under article 8 of the European Convention on Human Rights, the court decided that, on the evidence, he had no relationship with either child and their lives had been completely unaffected by his being their father. The court also determined that the Secretary of State was not required to undertake further enquiries concerning the appellant and his children beyond those already conducted.

What was the background to the case?

The appellant, a Tunisian national, married a British citizen in Tunisia in 1996. In 1997, his wife returned to Northern Ireland for the birth of their daughter, and he subsequently joined her. He was granted indefinite leave to remain in 1999, after which the marriage ended. Domestic violence...

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