The Upper Tribunal (Immigration and Asylum Chamber) has ruled that the Home Office breached its duty to take account of the best interests and welfare of a child under s 55 Borders Act 2009 by removing the child and his mother to Nigeria in January 2015. Mark Scott of Bhatt Murphy acted for the family.
In a subsequent judgment on relief the Tribunal ordered that the mother and child be returned to the UK by the Home Office. An appeal by the Home Office was rejected by the Court of Appeal on 22 April 2015. Stephanie Harrison QC and Kathryn Cronin of Garden Court Chambers were counsel for the family.