(Family Division, Hayden J, 26 April 2017)
Abduction – Asylum – Return order – Interplay between Family Court orders and immigration issues
Hayden J held that the grant of asylum operated as an absolute bar to a child being returned to an alternative jurisdiction.
The, now 11-year-old, child was born in Pakistan but moved with his parents to Saudi Arabia in 2012. In 2014 the mother failed to return the child to Saudi Arabia after coming to the UK with the father’s consent for a holiday.
The father sought a return of the child to Pakistan and in the meantime the mother applied for asylum for herself and the child. The mother agreed to return the child and to drop her asylum claim but failed to do both. Her appeal from an order enforcing that agreement was allowed and the case was remitted for consideration of the interplay between the family law and immigration issues given that the mother and child had now been granted asylum.
Hayden J held that the grant of asylum of the Secretary of State for the Home Department acted as an absolute bar to any order by the Family Court seeking to effect the return of a child to another jurisdiction.
The forthcoming hearing would address the father’s allegations that the mother had made misrepresentations to the SSHD in making her asylum claim.
Neutral Citation Number: [2017] EWHC 949 (Fam)
Case No: FD15P00103
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 26/04/2017
Before:
MR JUSTICE HAYDEN
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Between:
F
Applicant
- and -
M
1st Respondent
- and -
A
2nd Respondent
- and -
SECRETARY OF STATE FOR THE HOME DEPARTMENT JOINT COUNSEL FOR THE WELFARE OF IMMIGRANTS
Interested Party
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Ms D Fottrell QC, Mr T Wilson & Ms M Brewer (instructed by Goodman Ray Solicitors) for the Applicant
Mr H Setright QC & Mr B Jubb (instructed by Maya Solicitors) for the 1st Respondent
Mr D Williams QC & Ms J Renton (instructed by Freeman Solicitors) for the 2nd Respondent
Mr Norton QC & Mr A Payne (instructed by GLD) for the Secretary of State for the Home Department
Ms Kathryn Cronin and Ms Julia Gasparro (instructed by JCWI) for the Interested Party
Hearing dates: 29th, 30th & 31st March 2017
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Judgment Approved
MR JUSTICE HAYDEN
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.
F v M and another [2017] EWHC 949 (Fam).rtf
