Case No. UKUT-00118-(IAC)

20. We now turn to consider how the FtT dealt with the best interests of the children issue in its separate decisions. In the case of Mr Khan, the FtT noted the submission on behalf of the Secretary of State relating to section 55 of the 2009 Act and reproduced in full the relevant passage in the Secretary of State’s decision: [17] supra . The approach espoused by the FtT was that since the removal or deportation of the Appellant was a reasonably foreseeable consequence of depriving him of his British citizenship, Article 8 ECHR must be considered. The word “ deportation ” features repeatedly in the passages which follow. The FtT reasoned: “ He is currently not having contact with his child. His wife has looked after the child all the time he has been in prison. She has also been deprived of her husband and his income for that period of time …. There was no evidence of the effect his separation from the child may have had on the child … Given the seriousness of the crimes committed by the Appellant, very considerable weight must be given to the public interest in his removal. The family circumstances of this Appellant, even put at their highest, which would include him being able to resume living with his wife and child, do not render his removal, in all the circumstances, disproportionate. ” 21. In the case of the third Appellant, Mr Rauf, the FtT noted the representative’s argument that the Secretary of State had not adequately assessed the best interests of the children. The approach adopted by the Tribunal was essentially the same as in Mr