The mother had applied here for asylum. Her application had been refused but was subject to appeal. The father in India sought the return of the children on the basis that they had been removed from a Convention country which was their habitual residence, and against his will as their father. The mother applied for a stay pending the result of her appeal.
Held: The children should be returned. It was in their interests that this matter should be decided in their own country. There was no more than an superficial conflict between the 1999 Act, and the obligations under the Convention. The 1999 Act prevented removals under the immigration system, not orders giving effect to obligations under other conventions.
Judges:
Mr Justice Bennett
Citations:
Times 09-May-2002, Gazette 30-May-2002
Statutes:
Child Abduction and Custody Act 1985, Immigration and Asylum Act 1999 15, Convention and Protocol relating to the Status of Refugees 1951 (Cmd 9171) and (1967) (Cmnd 3906)
Jurisdiction:
England and Wales
Citing:
Appealed to – In re S (Children) (Child abduction: Asylum appeal) CA 28-May-2002
The appellant was the mother of a child, who was claiming asylum. The father sought the return of the child to India, claiming he had been abducted by the mother. She said that whilst her claim for asylum was extant, the court must not allow her or . .
Cited by:
Appeal from – In re S (Children) (Child abduction: Asylum appeal) CA 28-May-2002
The appellant was the mother of a child, who was claiming asylum. The father sought the return of the child to India, claiming he had been abducted by the mother. She said that whilst her claim for asylum was extant, the court must not allow her or . .
Lists of cited by and citing cases may be incomplete.
Children, Immigration
Updated: 11 June 2022; Ref: scu.170296