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Illegal immigrant mother can stay, rules Supreme Court | Illegal immigrant mother can stay, rules Supreme Court |
(about 1 hour later) | |
The Supreme Court has ruled that an illegal immigrant from Tanzania has the right to stay in the UK because her two children were born in Britain. | The Supreme Court has ruled that an illegal immigrant from Tanzania has the right to stay in the UK because her two children were born in Britain. |
The woman arrived in the UK in December 1995 and made three unsuccessful claims for asylum, one in her own name and two using false identities. | The woman arrived in the UK in December 1995 and made three unsuccessful claims for asylum, one in her own name and two using false identities. |
She met a British man and they had two children, now nine and 12, who are British citizens. | She met a British man and they had two children, now nine and 12, who are British citizens. |
The court said the woman's immigration history was "appalling". | |
The Supreme Court heard the woman, known only as ZH, arrived in the UK in 1995. | |
Two years after she arrived, she formed a relationship with a British man. They separated in 2005 but the father maintains regular contact with his children. | |
ZH made three claims for asylum, one of the which came after the children's father was diagnosed with HIV in 2007. | |
All three claims failed and immigration officials told her the children could be reasonably expected to leave the UK with their mother. | |
But in its ruling the court said her removal from the UK would "constitute a disproportionate interference with her right to respect for her private and family life, guaranteed by article 8 of the European Convention on Human Rights". | |
It said removing her would not be in the interests of her two children. | |
Giving the judgement, Baroness Hale said the need to maintain firm and fair immigration controls must be taken into account but the "best interests" of the children must be a "primary consideration". | |
"This means that they must be considered first," said Lady Hale. | "This means that they must be considered first," said Lady Hale. |
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