Section 117A — Nationality, Immigration and Asylum Act 2002: Application of this Part

Application of this Part 117A 1 This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—

a breaches a person's right to respect for private and family life under Article 8, and b as a result would be unlawful under section 6 of the Human Rights Act 1998.

2 In considering the public interest question, the court or tribunal must (in particular) have regard—

a in all cases, to the considerations listed in section 117B, and b in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.

3 In subsection (2), “ the public interest question ” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).