This appeal concerns the relationship of the 1980 Hague Convention (the ‘1980 HC’) to asylum law. The 1980 HC is an international agreement incorporated into UK law which enables the prompt return of a wrongfully abducted child to his or her country of habitual residence.
(1) Does a child named as a dependent on a parent’s asylum application have any protection from refoulement?
(2) Can a return order be made under the 1980 Hague Convention even where a child has protection from refoulement?
(3) Should the High Court be slow to stay an application under the 1980 Hague Convention prior to determination of an application for asylum?
Judges:
Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens
Citations:
[2021] UKSC 9
Links:
Bailii, Bailii Summary, Bailii Issue and Facts
Statutes:
Child Abduction and Custody Act 1985, Council Directive 2005/85/EC, Council Directive 2004/83/EC, Convention and Protocol relating to the Status of Refugees
Jurisdiction:
England and Wales
Citing:
Appeal from – Re G (A Child : Child Abduction) CA 15-Sep-2020
. .
Lists of cited by and citing cases may be incomplete.
Children, Immigration, European
Updated: 12 October 2022; Ref: scu.660051
