Case No. UKUT-00043(IAC)

47. Section 117A-D of the 2002 Act only apply where a court or tribunal is considering human rights claims (s117A(1)). Section 117B(6) provides protection for persons in a genuine and subsisting relationship with a qualifying child who is defined in s. 117D(1) to mean a British citizen child or a child who has lived in the UK for a continuous period of seven years or more. From this it is clear that for British citizen children who fall within the geographical scope of s.117B(6) (see next paragraph) there is no residential requirement; they are qualifying children merely by virtue of their nationality (however, even the person who has a subsisting parental relationship with a qualifying child cannot succeed under s.117B(6) unless also able to show that “it would not be reasonable to expect the child to leave the United Kingdom”; the child’s British citizenship is not enough on its own). 48. We consider both parties correct to view s.117B(6) as having no application in entry clearance cases, since geographical scope is integral to its wording. That its sole concern is with persons in the UK is clear from its reference to a “ removal ” from the UK of persons in a parental relationship with a child and from its reference, as regards the relevant child, to whether “(b) it would not be reasonable to expect the child to leave the UK (emphasis added). For that reason we think Mr Lewis goes too far in asking us to regard the underlying policy of Parliament expressed in this subparagraph as being to give substantial weight to the possession of British citizenship irrespective of geographical location. There is no equivalent to s.117B(6) in any provision relating to entry clearance applicants. We cannot assume that is unintentional. That said, as we shall come back to, we consider it consistent with Home Office policy to treat a child’s possession of British nationality as a relevant consideration.