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Setting aside High Court orders for return in asylum cases: Re H (A Child) [2016] EWCA Civ 988
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In
Re H (A Child) (International Abduction: Asylum and Welfare) [2016] EWCA Civ 988 the Court of Appeal Civil Division allowed a mother’s appeal from High Court orders for her son to be returned to Pakistan.
The mother had claimed asylum in the UK for herself and her son but subsequently agreed a consent order to return with the child to Pakistan where the father was living. When she failed to comply with the order the High Court ordered it to be enforced even though she and the child had in the meantime been granted asylum because her fear of persecution in Pakistan was well founded and there was a real risk of them being subjected to serious harm. However the Court of Appeal held that the High Court had paid insufficient attention to the asylum claim when it made the consent order and to the grant of refugee status when it decided the order should be enforced. The Court of Appeal set aside both the consent order and the subsequent order enforcing it.
What was the background to the...
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