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Re A (A Child: Female Genital Mutilation: Asylum) [2019] EWHC 2475 (Fam)

Oct 1, 2019, 12:54 PM
Public law children – Female Genital Mutilation Protection Order – Mother making application for asylum in UK.
The Family Division held that there was no jurisdiction for the family court to make FGMPO against Secretary of State to control exercise of her jurisdiction with respect to matters of immigration and asylum.
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Meta Title : Re A (A Child: Female Genital Mutilation: Asylum) [2019] EWHC 2475 (Fam)
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Date : Sep 30, 2019, 23:00 PM
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(Family Division, Sir Andrew McFarlane, 25 September 2019)

Public law children – Female Genital Mutilation Protection Order – Mother making application for asylum in UK.

The Family Division held that there was no jurisdiction for the family court to make FGMPO against Secretary of State to control exercise of her jurisdiction with respect to matters of immigration and asylum.


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Neutral Citation Number: [2019] EWHC 2475 (Fam)

Case No: NR18 F05001

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 25/09/2019

Before:

Sir Andrew McFarlane

President of the Family Division

Re A (A Child: Female Genital Mutilation: Asylum)

- - - - - - - - - - - - - - - - - - - - -

Counsel James Holmes and Junior Counsel Naomi Wiseman instructed on behalf of the applicant local authority
Leading Counsel Karon Monaghan QC and Junior Counsel Dr Charlotte Proudman on behalf of the Mother
Leading Counsel John McKendrick QC and Junior Counsel Claire van Overdijk on behalf of the Secretary of State for the Home Department
Counsel Kathryn Cronin and Junior Counsel Artis Kakonge on behalf of the child through her Childrens’ Guardian

James Holmes and Naomi Wiseman (instructed by Suffolk Legal) for the Applicant Local Authority
Karon Monaghan QC and Dr Charlotte Proudman
(instructed by Duncan Lewis) for the Respondent Mother
John McKendrick QC and Claire van Overdijk (instructed by Government Legal Service) for the Secretary of State for the Home Department

Kathryn Cronin and Artis Kakonge (instructed by Miles & Partners LLP) for the Respondent Child

Hearing dates: 30th January 2019

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

.............................

THE RIGHT HONOURABLE SIR ANDREW MCFARLANE

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

 

Judgment: Re A (A Child Female Genital Mutilation Asylum) [2019] EWHC 2475 (Fam)

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