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The 'operational integrity' of family and immigration proceedings

Date:30 OCT 2020
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Dewinder Birk No 5 Chambers and Immigration Judge

Recent cases have highlighted the differences between the two jurisdictions in terms of their respective decision-making processes and the impact this has upon how matters are to be considered in the family courts. This article considers the case of Re A (A Child: Female Genital Mutilation: Asylum) [2019] EWHC 2475 (Fam) where Sir Ernest Ryder endorsed the President of the Family Division’s clear delineation of the exercise of jurisdiction when dealing with FGM orders but also provided extremely helpful guidance on the interplay between the family and immigration jurisdictions. 

A common concern is that of disclosure of documents between the two jurisdictions and the case of R v Secretary of State for the Home Department (Disclosure of Asylum Documents) [2019] EWHC 3147 (Fam) provides an authoritative analysis of the principles and procedures to be applied when those in family proceedings seek documentation in respect of a successful asylum claim in the immigration tribunals. 

These cases show the respect and deep understanding that the family courts have of maintaining the operational integrity of the immigration tribunals.  

Read the full article here.