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ZH (TANZANIA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT

The best interests of a child who was a British citizen had to be a primary consideration when considering whether a decision to remove the child's mother to another country was proportionate under the European Convention on Human Rights 1950 art.8.

7 February 2011

The appellant mother (M) appealed against a Court of Appeal decision upholding a finding by an Asylum and Immigration Tribunal that her two children (C), who were British citizens, could reasonably be expected to follow her when she was removed to Tanzania by the respondent secretary of state. M, a Tanzanian national, had arrived in the United Kingdom illegally in 1995. She had made three unsuccessful claims for asylum, two of which were made using a false identity. C were aged 12 and 9 and their father (F) was a British citizen. C had lived in Britain with M all their lives. M and F had separated in 2005 but C saw F on a regular basis. F was diagnosed as HIV positive in 2007 and M made further representations to the secretary of state which were refused. M's appeal was dismissed.

On a reconsideration the AITinitially held that the tribunal had erred in failing to take C's rights into account but subsequently found that M's removal would not represent such an interference wit...

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