The Court of Appeal in NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953 considered the seven-year child provisions in the Immigration Rules and the Nationality, Immigration and Asylum Act 2002.
The seven-year child provisions allow a child who has been living in the UK continuously for at least seven years to be granted leave to remain if it would not be reasonable to expect them to leave the UK. However, the Court of Appeal held that the seven-year provisions do not create a presumption in favour of a seven-year child being granted leave to remain.
The Court held that the seven-year provisions represent a "common-sense starting-point" for the assessment of whether it would be reasonable to expect a child to leave the UK. However, the Court also held that the public interest in the removal of a child or their parents must also be considered.
The Court of Appeal's decision in NA (Bangladesh) v SSHD means that the seven-year child provisions are no longer as favourable to children as they once were. However, the decision does not mean that children who have been living in the UK for seven years will automatically be removed. The public interest in the removal of a child or their parents will still need to be considered on a case-by-case basis.
The practical implications of the Court of Appeal's decision are that children who are applying for leave to remain under the seven-year child provisions will need to provide evidence of the reasons why it would not be reasonable to expect them to leave the UK. This evidence could include factors such as their age, education, health, and family ties in the UK.
The Court of Appeal's decision is a welcome development for children who have been living in the UK for seven years. However, it is important to note that the decision does not mean that children who have been living in the UK for seven years will automatically be granted leave to remain. The public interest in the removal of a child or their parents will still need to be considered on a case-by-case basis.