AB v CD & Anor

AB v CD & Anor

The balancing exercise between the strong public interest in confidentiality of the asylum process and the Article 6 and 8 rights of the father and G, together with G's best interests, falls in favour of disclosure of relevant asylum documents (subject to redactions) to the father. The risk of harm to the mother, G, or maternal relatives in country X from disclosure was not substantiated by evidence. The father is entitled to a fair trial and to challenge material relevant to the welfare determination. Disclosure is necessary for a fair process and cannot be withheld unless strict necessity is convincingly demonstrated, which was not the case here.

Parties
Applicant: AB; Respondent: CD; Respondent: G
Jurisdiction
England and Wales
Judgment Date
11 August 2022
Procedural Posture
Inherent Jurisdiction Child Return and Disclosure Application / Disclosure Application Ruling Prior to Fact Finding Hearing
Outcome
Application for disclosure of asylum documents granted in part, subject to specified redactions.
Legal Topics
Disclosure of Asylum Documents, Child Return Orders, Balancing Confidentiality and Fair Trial Rights, Welfare of the Child, Closed Material Procedures
Family Law Child Law Immigration Law Disclosure of Asylum Documents Child Return Orders Balancing Confidentiality and Fair Trial Rights Welfare of the Child Closed Material Procedures

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Parties

AB

Applicant

CD

Respondent

G

Respondent

Procedural Posture

Inherent Jurisdiction Child Return and Disclosure Application / Disclosure Application Ruling Prior to Fact Finding Hearing

Legal Issues

  1. 1 Should asylum documents be disclosed in family proceedings?
  2. 2 Does the public interest in confidentiality outweigh the necessity of disclosure?
  3. 3 What is the impact of disclosure on the welfare of the child and third parties?

Ratio Decidendi

The balancing exercise between the strong public interest in confidentiality of the asylum process and the Article 6 and 8 rights of the father and G, together with G's best interests, falls in favour of disclosure of relevant asylum documents (subject to redactions) to the father. The risk of harm to the mother, G, or maternal relatives in country X from disclosure was not substantiated by evidence. The father is entitled to a fair trial and to challenge material relevant to the welfare determination. Disclosure is necessary for a fair process and cannot be withheld unless strict necessity is convincingly demonstrated, which was not the case here.

Court Disposition

Application for disclosure of asylum documents granted in part, subject to specified redactions.

Orders

  • Specified asylum documents to be disclosed to the father with redactions as detailed in paragraph 38.
  • Father to undertake not to use or disseminate disclosed documents or information outside these proceedings without court's express permission.