ABSTRACT
The best interests' principle is the normative axis around which decisions relating to children revolve. It is difficult to imagine the best interests' principle, as it is currently conceived, operating effectively in many adult human rights contexts as general principle, aside from the narrowly defined contexts referred to above involving adults who are mentally and physically vulnerable. Over 40 years ago, Robert Mnookin raised serious concerns about the wisdom of deploying such speculative, highly subjective and acutely unpredictable framework to inform often life-changing decisions. The UK Supreme Court, in the seminal case of ZH Tanzania, has stated unequivocally that best interests of children should be placed at the centre of decisions around the deportation of their parents. This represents culmination of line of jurisprudence that places significant emphasis on the rights of the child to know and be cared for by their parents in the country with which former have the most intimate connection, notwithstanding the latter's questionable immigration status.
