Section 117A: Application of this Part

Nationality, Immigration and Asylum Act 2002 · 2002 c. 41View on legislation.gov.uk

Part 5A: Article 8 of the ECHR: public interest considerations

This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—

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

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

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

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).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.