19 Article 8 of the ECHR: public interest considerations
Immigration Act 2014 (2014 c 22) | Legislation

19  Article 8 of the ECHR: public interest considerations

After Part 5 of the Nationality, Immigration and Asylum Act 2002 insert—

“Part 5A
Article 8 of the ECHR: Public Interest Considerations

117A Application of this Part

(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).

117B Article 8: public interest considerations applicable in all cases

(1)     The maintenance of effective immigration controls is in the public interest.

(2)     It is in the public interest, and in particular in the interests

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