Bi v Mohammed [2016] EWHC 506 (Fam (09 February 2016)

Bi v Mohammed [2016] EWHC 506 (Fam (09 February 2016)

The hearing is adjourned to enable a Public Interest Immunity (PII) hearing regarding disclosure of police evidence, and to facilitate the mother's participation, as technical difficulties prevent effective video evidence. The mother must undertake to pay the Attorney General's costs for a special advocate, subject to Legal Aid Agency approval.

Citation
[2016] EWHC 506 (Fam
Parties
Applicant/wife: Saima Bi; Respondent/husband: Imran Mohammed
Jurisdiction
England and Wales
Judgment Date
09 February 2016
Procedural Posture
Family Law Child Arrangements and Fact Finding / Adjourned Prior to Commencement of Fact Finding Hearing
Outcome
Hearing adjourned for PII proceedings and directions regarding special advocate costs.
Legal Topics
Stranded Spouse, Child Residence, Visa Refusal, Disclosure of Police Evidence, Public Interest Immunity (pii)
Family Law Immigration Law Stranded Spouse Child Residence Visa Refusal Disclosure of Police Evidence Public Interest Immunity (pii)

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Parties

Saima Bi

Applicant/wife

Imran Mohammed

Respondent/husband

Procedural Posture

Family Law Child Arrangements and Fact Finding / Adjourned Prior to Commencement of Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother was coerced or duped into returning to Pakistan
  2. 2 Whether the mother left England voluntarily
  3. 3 Disclosure of police evidence under PII

Ratio Decidendi

The hearing is adjourned to enable a Public Interest Immunity (PII) hearing regarding disclosure of police evidence, and to facilitate the mother's participation, as technical difficulties prevent effective video evidence. The mother must undertake to pay the Attorney General's costs for a special advocate, subject to Legal Aid Agency approval.

Court Disposition

Hearing adjourned for PII proceedings and directions regarding special advocate costs.

Orders

  • Mother to undertake, as a necessary disbursement to her legal aid certificate, to pay reasonable costs of the Attorney General for instructing a special advocate, subject to Legal Aid Agency prior authority.
  • Detailed directions for PII hearing to be issued.