An investigation into the best interests of the child in decisions about the deportation of foreign national offenders in UK law

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Collinson, Jonathan Mark ORCID: https://orcid.org/0000-0001-7049-2192 (2019). An investigation into the best interests of the child in decisions about the deportation of foreign national offenders in UK law. University of Birmingham. Ph.D.

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Abstract

This thesis argues that UK deportation law exists in a state of tension. On the one hand, the political imperative to deport foreign national offenders, and on the other, to protect the human rights of children. The human rights of foreign national offender’s children, are protected in UK law by their right to family life (under Article 8 ECHR, domesticated by the Human Rights Act 1998), and their right to their best interests as a primary consideration, and not to be blamed for the wrongdoing of their parent (under Article 3 UNCRC, domesticated by s55 of the Borders, Citizenship and Immigration Act 2009). However, the right to family life under Article 8 ECHR may be interfered with on the basis of the public interest in deporting foreign national offenders. This tension in UK deportation law is evinced by the apparently irreconcilable characteristics of these legal obligations. This thesis theorises this by arguing that deportation decisions are polycentric in nature, because of the multiplicity of human rights and interests at stake and which must, by law, be given effect to. Furthermore, UK deportation law creates a plurality of decision-making norms; multiple legal principles which must also be given simultaneous effect to. This thesis traces the attempts of UK law to give effect to the best interests of the child in deportation decisions through three distinct phases of decision-making approach. It concludes that no deportation decision-making approach adopted to date has effectively reconciled the human rights obligations and the best interests of the child by resolving the problems of polycentricity and the plurality of decision-making norms. Finally, this thesis demonstrates that UK deportation law is capable of giving effect to the best interests of the child by taking the human rights of children both seriously and literally.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):