R (Kiarie) and R (Byndloss) v Secretary of State for the Home De-partment [2017] UKSC 42

We at Fountain Solicitors, instructed on behalf of the children of Mr Byndloss, who intervened in the hearing with leave of the UKSC, are delighted with the outcome of the appeal. The important message which it conveys is that the Secretary of State cannot take the interest of British Children lightly.

Mr Byndloss has a strong relationship with his children, which inevitably meant that Mr Byndloss’s removal would have had a detrimental impact on them.

The written submissions prepared on the children’s’ behalf by Mr Henry Setright QC of 4 Paper Buildings and Mr Richard Alomo of Number 5 Chambers, instructed by Fountain Solicitors, assisted the court significantly in this matter, when weighing the important balance that had to be drawn.

With a tight time frame, from the grant of permission, both leading and junior counsel, and the instructing solicitor, Miss Keerum Akhtar at Fountain Solicitors worked tirelessly to ensure that the valuable inclusion of the children was fully presented.

The submissions dealt with the factual and legal issues in this case, and helped the court understand, the importance of the relationship that the children enjoyed with Mr Byndloss.

In simple terms the voices of the children needed to be heard, and they were. It is un-fathomable for a father playing an active role in the lives of the children, to be expected to continue with such a bond from abroad. This is why this case was so important.

The children deserved to be represented and have the opportunity to support their father. We consider that the real element from this case, is that when considering the rights of any effected child, particularly, those of British nationality, as all of Mr Byndloss’s children were, no assumption should be made by the Secretary of State about the strength of the relationship between a parent and child without exploring it further.

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