Section 78A — Nationality, Immigration and Asylum Act 2002: Restriction on removal of children and their parents etc

Restriction on removal of children and their parents etc 78A 1 This section applies in a case where—

a a child is to be removed from or required to leave the United Kingdom, and b an individual who—

i is a parent of the child or has care of the child, and ii is living in a household in the United Kingdom with the child, is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).

2 During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—

a the child may not be removed from or required to leave the United Kingdom;

and b a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.

3 The relevant appeal rights are exhausted at the time when—

a neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission),

and b no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.

4 Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—

a the giving of a direction for the removal of a person from the United Kingdom, b the making of a deportation order in respect of a person, or c the taking of any other interim or preparatory action.

5 In this section— “ child ” means a person who is aged under 18; references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.