“Unduly harsh” is a term used in the context of children and deportation in the UK. Children in the UK may have parents that may undergo deportation. This term is used to describe an instance in which the deportation of the parent can be damaging to the child’s development due to a “genuine and subsisting relationship” between the child and the parent. Therefore, this article explores children and deportation in the UK and what effect “unduly harsh” circumstances can have on the ruling.
Understanding “Unduly Harsh” Circumstances Regarding Children and Deportation in the UK
This term pertains to the relationship between the child and the parent(s) being deported. It can also help prevent the deportation if the parent can prove to the UK government that the deportation can be unduly harsh under two circumstances, as per the European Convention on Human Rights (ECHR) obligations the UK has to follow.
The first is that the parent’s deportation will be unduly harsh for the child to stay in the United Kingdom without their parent. In that case, the parent must prove that their relationship with their child is a “genuine and subsisting” one.
The second is that the parent’s deportation will result in an unduly harsh circumstance for the child because they will be forced to follow their parent and reside in the country where they are being deported. This situation is also according to the ECHR obligations.
What Does “Unduly Harsh” Mean for Parents Being Deported?
The two circumstances above are options for parents to have their deportation ruling revoked. However, they can only consider these options if they have been charged with prison time of more than 12 months but less than 4 years.
These situations also shift the focus away from the parents and their crime and put it on the well-being of the family and the children. Therefore, in this first situation, a parent’s deportation can be revoked if the parent can prove that it is in the best interest of the child and the family for the parent to remain with them in the United Kingdom. The 7-year rule may also be considered if the child is eligible to ensure the child does not get deported along with the parent. The 7-year rule is based on continuous residence, so consult immigration lawyers for more information.
If the court believes that the child should follow their parent (to keep the family together), the parent can attempt to prove that that decision is unduly harsh on the child. This option can be considered for refugee parents that attempted to escape a country where their lives were in danger.
Final Words
Children and deportation in the UK is a complex matter, and acting quickly is paramount to finding a solution. Thus, get in touch with our immigration solicitor as soon as possible to consider your options.
