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Public Interest Considerations

This is an expression introduced by Part 5A of the Nationality, Immigration and Asylum Act 2002 inserted by section 19 of the Immigration Act 2014 with effect from 19 July 2014. Part 5A applies where a court or tribunal is required to determine whether an immigration decision relating to a person breaches that person's right to respect for private and family life under Article 8 of the European Convention on Human Rights and as a result would be unlawful under section 6 of the Human Rights Act 1998. Section 117A(2) of the 2002 Act requires the court or tribunal in considering the public interest question to have regard to the considerations set out in sections 117B in all cases and section 117C in cases concerning the deportation of foreign criminals. Public interest question is defined by section 117A(3) as meaning the question whether an interference - i.e. the interference which the immigration decision entails - with a person's right to respect for private and family life is justified by Article 8.2, which permits lawful interference by public authorities. For a full explanation of public interest considerations see Legal Briefing Paper MW334: 'Immigration Act 2014 - Article 8 ECHR - Public interest considerations'.

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Public Interest Considerations

This is an expression introduced by Part 5A of the Nationality, Immigration and Asylum Act 2002 inserted by section 19 of the Immigration Act 2014 with effect from 19 July 2014. Part 5A applies where a court or tribunal is required to determine whether an immigration decision relating to a person breaches that person's right to respect for private and family life under Article 8 of the European Convention on Human Rights and as a result would be unlawful under section 6 of the Human Rights Act 1998. Section 117A(2) of the 2002 Act requires the court or tribunal in considering the public interest question to have regard to the considerations set out in sections 117B in all cases and section 117C in cases concerning the deportation of foreign criminals. Public interest question is defined by section 117A(3) as meaning the question whether an interference - i.e. the interference which the immigration decision entails - with a person's right to respect for private and family life is justified by Article 8.2, which permits lawful interference by public authorities. For a full explanation of public interest considerations see Legal Briefing Paper MW334: 'Immigration Act 2014 - Article 8 ECHR - Public interest considerations'.

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