F v M & Anor [2017] EWHC 949 (Fam) (26 April 2017)

F v M & Anor [2017] EWHC 949 (Fam) (26 April 2017)

The grant of refugee status to a child by the Secretary of State for the Home Department is an absolute bar to the Family Court making an order for the child's return to another jurisdiction. Only the SSHD has statutory authority to determine or revoke refugee status. The Family Court may not usurp this function,...

Source-derived case information.

Citation
[2017] EWHC 949 (Fam)
Parties
Applicant: F; 1st Respondent: M; 2nd Respondent: A; Interested Party: Secretary of State for the Home Department; Interested Party: Joint Council for the Welfare of Immigrants (JCWI)
Jurisdiction
England and Wales
Judgment Date
26 April 2017
Procedural Posture
Family Law (wardship, Child Abduction, Asylum) / Preliminary Legal Issues Hearing Following Remittal From Court of Appeal
Outcome
Preliminary legal issue determined: the child's refugee status is an absolute bar to a return order by the Family Court; only the SSHD may revoke refugee status.
Legal Topics
Wardship, Child Abduction, Asylum and Refugee Status, Jurisdictional Limits, Disclosure and Confidentiality, Article 8 ECHR, Revocation of Refugee Status
Family Law Immigration Law Human Rights Law Wardship Child Abduction Asylum and Refugee Status Jurisdictional Limits Disclosure and Confidentiality +2 more

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Parties

F

Applicant

M

1st Respondent

A

2nd Respondent

Secretary of State for the Home Department

Interested Party

Joint Council for the Welfare of Immigrants (JCWI)

Interested Party

Procedural Posture

Family Law (wardship, Child Abduction, Asylum) / Preliminary Legal Issues Hearing Following Remittal From Court of Appeal

Legal Issues

  1. 1 Whether a child's refugee status is an absolute bar to the Family Court ordering return to country of origin
  2. 2 Jurisdiction of Family Court versus Secretary of State in refugee status
  3. 3 Procedural and disclosure obligations in family proceedings involving asylum claims

Ratio Decidendi

The grant of refugee status to a child by the Secretary of State for the Home Department is an absolute bar to the Family Court making an order for the child's return to another jurisdiction. Only the SSHD has statutory authority to determine or revoke refugee status. The Family Court may not usurp this function, though it may provide relevant findings to the SSHD for consideration. Disclosure of asylum material is subject to strict confidentiality and only permitted in exceptional cases, balancing Article 8 rights and public interest in confidentiality.

Court Disposition

Preliminary legal issue determined: the child's refugee status is an absolute bar to a return order by the Family Court; only the SSHD may revoke refugee status.

Orders

  • No order for return of A to Pakistan may be made by the Family Court while refugee status subsists.
  • Any findings relevant to the legitimacy of the asylum grant will be provided to the SSHD for consideration.