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Version Superseded: 08/05/2023
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Nationality, Immigration and Asylum Act 2002, Section 78A is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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.]
Textual Amendments
F1S. 78A inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 2, 75(3); S.I. 2014/1820, art. 3(a)
Modifications etc. (not altering text)
C1Ss. 78-79 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 2 paras. 1-3 (as amended (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), reg. 7(2))
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