Akolawole:


Thats not true.

Why not Every child has a fundamental right to full time education once they get to age 5, although some start reception aged 4.

A child that age has spent their formative year in UK, so sending them back would affect the child emotionally. Rafeeq is not going anywhere, his Mum needs to re-instruct her Solicitors if they don't know this...

Apart for the fact that he has been sent back to Nigeria already, I don't see what the right to education has to do with his right to stay in the UK. Are you saying returning him to Nigeria means he will no longer go to school?

He is now in Nigeria and there is nothing stopping his mother registering him in school to continue his education.

Right to education has absolutely nothing to do with right to remain in the UK.

Busybody2:


Why not Every child has a fundamental right to full time education once they get to age 5, although some start reception aged 4.

A child that age has spent their formative year in UK, so sending them back would affect the child emotionally. Rafeeq is not going anywhere, his Mum needs to re-instruct her Solicitors if they don't know this...

ttmacoy:
Part for the fact that he has been sent back to Nigeria already, I don't see what the right to education has to do with his eight to stay in the UK. Are you saying returning him to Nigeria means he will no longer go to school?

Yeah I read that he got deported.

But it's under "UN convention on the rights of a child to education" legislation and can also be challenged under "Human Rights" to education. A child in full time education in UK should not be deported. It's illegal to send that child to Nigeria.

See below the right of a child to education. Nowhere does it say it is a right to be educated in the UK or gives right to remain in a country because you are in school there. If that was the case people who study in the UK on student visas should be automatically awarded citizenship.

Unless you can prove to me that he cannot continue his education in Nigeria, that argument holds no water for the home office.

Education is a human right which ought to be accessible to everyone, without any discrimination. All children must be able to go to school, and thereby benefit from the same opportunities to build a future. Additionally, educational instruction must be equally gratuitous so that children from disadvantaged environments will be able to enjoy their right to an education.

Busybody2:


Yeah I read that he got deported.

But it's under "UN convention on the rights of a child to education" legislation and can also be challenged under "Human Rights" to education. A child in full time education in UK should not be deported. It's illegal to send that child to Nigeria.

ttmacoy:
See below the right of a child to education. Nowhere does it say it is a right to be educated in the UK or gives right to remain in a country because you are in school there. If that was the case people who study in the UK on student visas should be automatically awarded citizenship.

Unless you can prove to me that he cannot continue his education in Nigeria, that argument holds no water for the home office.

Education is a human right which ought to be accessible to everyone, without any discrimination. All children must be able to go to school, and thereby benefit from the same opportunities to build a future. Additionally, educational instruction must be equally gratuitous so that children from disadvantaged environments will be able to enjoy their right to an education.

You cannot compare students who have to apply for a visa "from" elsewhere to Rafeeq. Rafeeq was born in UK, the only thing he is not entitled to is a BRITISH PASSPORT. He is entitled to EVERYTHING ELSE a British citizen is entitled to. As soon as he is born, if his parents wants to take him out of UK, his
parents can apply for a Nigerian passport for him/her, get the same visa category as them, but make sure he does not spend more than "Bleep" amount of time outside UK, and when his parents wants to renew their visa to come to UK, all they have to do is include his passport...until he gets to full time education...OR his parents can live him in UK...This is why Illegal immigrants even send their children to school in UK, do you think the Government is not aware of this!

As a child age 5 entitled to full time education, if he starts attending and starts missing classes or attending erratically, his mum/parents would be subject to fines or imprisonment...that should tell you how compulsory/important education is.


He was born here, and has spent his formative years here so sending children aged 5 and above back affects them psychologically because all they have known their whole lives is UK.

This is not a generally known case because it came on the back of another case whereby a Portuguese lady and another lady followed their husbands. When their hubby returned to their respective countries, the mum applied for right to stay and were granted SOLELY on the basis that the children were aged 5 and above, in full time education, had spent their formative years here so sending them back home would affect them psychologically and of course they are still young children so need someone to look after them and ideally the mums are the best in this case. And you know EU laws is universal....what is good for the goose is good for the gander...UK are legally bound to apply the same rule and they did this hence reason they took out the "7year residency rule" and replaced it with nothing...read through any case involving children, you would see that even if they want to deport overstaying parents, and issue them separate letters of intention to pick them up/surrender to UKBA, there is always a "subtle" separate clause in the last paragraph of the children's letters of the extra rights "qualifying" children has...

^^^^^Sorry this above is jumbled up...

Busybody2:



You cannot compare students who have to apply for a visa "from" elsewhere to Rafeeq. Rafeeq was born in UK, the only thing he is not entitled to is a BRITISH PASSPORT. He is entitled to EVERYTHING ELSE a British citizen is entitled to. As soon as he is born, if his parents wants to take him out of UK, his
parents can apply for a Nigerian passport for him/her, get the same visa category as them, but make sure he does not spend more than "Bleep" amount of time outside UK, and when his parents wants to renew their visa to come to UK, all they have to do is include his passport...until he gets to full time education...OR his parents can live him in UK...This is why Illegal immigrants even send their children to school in UK, do you think the Government is not aware of this!

As a child age 5 entitled to full time education, if he starts attending and starts missing classes or attending erratically, his mum/parents would be subject to fines or imprisonment...that should tell you how compulsory/important education is.


He was born here, and has spent his formative years here so sending children aged 5 and above back affects them psychologically because all they have known their whole lives is UK.

This is not a generally known case because it came on the back of another case whereby a Portuguese lady and another lady followed their husbands. When their hubby returned to their respective countries, the mum applied for right to stay and were granted SOLELY on the basis that the children were aged 5 and above, in full time education, had spent their formative years here so sending them back home would affect them psychologically and of course they are still young children so need someone to look after them and ideally the mums are the best in this case. And you know EU laws is universal....what is good for the goose is good for the gander...UK are legally bound to apply the same rule and they did this hence reason they took out the "7year residency rule" and replaced it with nothing...read through any case involving children, you would see that even if they want to deport overstaying parents, and issue them separate letters of intention to pick them up/surrender to UKBA, there is always a "subtle" separate clause in the last paragraph of the children's letters of the extra rights "qualifying" children has...

Isn't the boy already in naija ?

The law is very clear, being born in the UK doesn't make you a citizen, if his parents are illegal then he is illegal as well so I don't get what you mean by he is entitled to everything aside citizenship.

What is he entitled to may I ask?

His mother was arrested in 2007, she was jailed for using false documents to work and told she had to return home. She kept trying to buy time and play the system by applying for a asylum etc which all got rejected then she has a baby for another illegal immigrant and you tell me he is entitled to remain in the UK?
Even the 7 year rule is a concession and not a law which means it can be applied based on compassionate grounds, but it is not a law or right as you make it sound.

While I feel for the boy, I do not agree one bit that he had any right to remain in the UK
You and I know the mother was just trying to play the system and I know how Nigeria lawyers here advice to have a baby so you can get papers on compassion etc
In this case it failed as she had the baby years after she was arrested and obviously the home office are not stupid to wait for 7 years.

Regarding your point about education, yes be has a right to education, but that right does not extend to being granted leave to remain in the UK. He can and will get educated in Nigeria the country of his citizenship.

Regarding the Portuguese story, while I do not know the details, EU law is separate from UK immigration laws so that doesn't apply here.

If she wanted to use the baby as an excuse to stay, she should have had a baby with an EU or UK citizen not another illegal immigrants.

Busybody2:




You cannot compare students who have to apply for a visa "from" elsewhere to Rafeeq. Rafeeq was born in UK, the only thing he is not entitled to is a BRITISH PASSPORT. He is entitled to EVERYTHING ELSE a British citizen is entitled to. As soon as he is born, if his parents wants to take him out of UK, his
parents can apply for a Nigerian passport for him/her, get the same visa category as them, but make sure he does not spend more than "Bleep" amount of time outside UK, and when his parents wants to renew their visa to come to UK, all they have to do is include his passport...until he gets to full time education...OR his parents can live him in UK...This is why Illegal immigrants even send their children to school in UK, do you think the Government is not aware of this!

As a child age 5 entitled to full time education, if he starts attending and starts missing classes or attending erratically, his mum/parents would be subject to fines or imprisonment...that should tell you how compulsory/important education is.


He was born here, and has spent his formative years here so sending children aged 5 and above back affects them psychologically because all they have known their whole lives is UK.

This is not a generally known case because it came on the back of another case whereby a Portuguese lady and another lady followed their husbands. When their hubby returned to their respective countries, the mum applied for right to stay and were granted SOLELY on the basis that the children were aged 5 and above, in full time education, had spent their formative years here so sending them back home would affect them psychologically and of course they are still young children so need someone to look after them and ideally the mums are the best in this case. And you know EU laws is universal....what is good for the goose is good for the gander...UK are legally bound to apply the same rule and they did this hence reason they took out the "7year residency rule" and replaced it with nothing...read through any case involving children, you would see that even if they want to deport overstaying parents, and issue them separate letters of intention to pick them up/surrender to UKBA, there is always a "subtle" separate clause in the last paragraph of the children's letters of the extra rights "qualifying" children has...

See below the wording of the 7 year concession. States early it will only be applied where it is not reasonable to send the boy back e.g. if he was going back to war torn Afghanistan or Syria or something. It's not automatic that 7 years and you automatically get right to remain.


is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK;

Busybody2:



You cannot compare students who have to apply for a visa "from" elsewhere to Rafeeq. Rafeeq was born in UK, the only thing he is not entitled to is a BRITISH PASSPORT. He is entitled to EVERYTHING ELSE a British citizen is entitled to. As soon as he is born, if his parents wants to take him out of UK, his
parents can apply for a Nigerian passport for him/her, get the same visa category as them, but make sure he does not spend more than "Bleep" amount of time outside UK, and when his parents wants to renew their visa to come to UK, all they have to do is include his passport...until he gets to full time education...OR his parents can live him in UK...This is why Illegal immigrants even send their children to school in UK, do you think the Government is not aware of this!

As a child age 5 entitled to full time education, if he starts attending and starts missing classes or attending erratically, his mum/parents would be subject to fines or imprisonment...that should tell you how compulsory/important education is.


He was born here, and has spent his formative years here so sending children aged 5 and above back affects them psychologically because all they have known their whole lives is UK.

This is not a generally known case because it came on the back of another case whereby a Portuguese lady and another lady followed their husbands. When their hubby returned to their respective countries, the mum applied for right to stay and were granted SOLELY on the basis that the children were aged 5 and above, in full time education, had spent their formative years here so sending them back home would affect them psychologically and of course they are still young children so need someone to look after them and ideally the mums are the best in this case. And you know EU laws is universal....what is good for the goose is good for the gander...UK are legally bound to apply the same rule and they did this hence reason they took out the "7year residency rule" and replaced it with nothing...read through any case involving children, you would see that even if they want to deport overstaying parents, and issue them separate letters of intention to pick them up/surrender to UKBA, there is always a "subtle" separate clause in the last paragraph of the children's letters of the extra rights "qualifying" children has...