1980 Hague Convention/inherent jurisdiction proceedings: common immigration questions

Maggie Jones Garden Court Chambers

This article explores the complex interaction between international child abduction proceedings brought under the 1980 Hague Convention or the inherent jurisdiction of the High Court and common immigration issues that frequently arise in such cases. With increasing global mobility asylum applications and immigration status disputes are becoming more prevalent in child return proceedings. The article considers the legal impact of ongoing protection claims including the principle of non-refoulement and the evolving significance of Supreme Court authority in G v G post-Brexit particularly in light of recent High Court and appellate decisions. The article also examines the evidential and procedural challenges caused by uncertain immigration status especially following the UK’s departure from the EU and emphasises the growing need for early identification and where necessary expert immigration evidence. It highlights practical and legal considerations for practitioners such as access to return countries the use of expert opinions and the role of summary determination in Hague cases. The article concludes with a review of relevant guidance and recent case law and stresses the importance of understanding immigration issues.