F v M & Anor

F v M & Anor

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 ordering the child's return to another jurisdiction. Only the SSHD can revoke refugee status, and the family court cannot usurp this statutory function. Disclosure of asylum material is subject to strict confidentiality and will only be ordered after a careful balancing of competing rights, not on a presumption of exceptionality. Procedural fairness and Article 8 ECHR rights must be respected, but do not override the statutory scheme for asylum.

Parties
Applicant: F; 1st Respondent: M; 2nd Respondent: A; Interested Party: Secretary of State for the Home Department; Interested Party: Joint Counsel for the Welfare of Immigrants
Jurisdiction
England and Wales
Judgment Date
26 April 2017
Procedural Posture
Family/child Abduction/asylum / Preliminary Legal Issues Hearing After Remittal From Court of Appeal
Outcome
Preliminary legal issues determined; grant of refugee status is an absolute bar to return order by family court; directions for further hearing on contact and findings of fact.
Legal Topics
Wardship, Child Abduction, Asylum, Refugee Status, Non Refoulement, Disclosure of Asylum Material, Procedural Fairness, Jurisdictional Limits
Family Law Immigration Law Human Rights Law Wardship Child Abduction Asylum Refugee Status Non Refoulement +3 more

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Parties

F

Applicant

M

1st Respondent

A

2nd Respondent

Secretary of State for the Home Department

Interested Party

Joint Counsel for the Welfare of Immigrants

Interested Party

Procedural Posture

Family/child Abduction/asylum / Preliminary Legal Issues Hearing After Remittal From Court of Appeal

Legal Issues

  1. 1 Is a grant of refugee status to a child by the Secretary of State an absolute bar to a family court ordering the child's return to another jurisdiction?
  2. 2 What is the process for challenging refugee status in family proceedings?
  3. 3 What are the disclosure obligations regarding asylum material in family proceedings?

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 ordering the child's return to another jurisdiction. Only the SSHD can revoke refugee status, and the family court cannot usurp this statutory function. Disclosure of asylum material is subject to strict confidentiality and will only be ordered after a careful balancing of competing rights, not on a presumption of exceptionality. Procedural fairness and Article 8 ECHR rights must be respected, but do not override the statutory scheme for asylum.

Court Disposition

Preliminary legal issues determined; grant of refugee status is an absolute bar to return order by family court; directions for further hearing on contact and findings of fact.

Orders

  • No order for return of A to Pakistan can be made while refugee status subsists.
  • Judgment and findings to be released to SSHD for consideration of revocation if misrepresentation is found.