K (Children) (Application for return orders: Concurrent asylum claims), Re

K (Children) (Application for return orders: Concurrent asylum claims), Re

The High Court is no longer prevented by immigration and asylum law from implementing a return order for children to a safe third country before their asylum claims are determined, provided the general principle of non-refoulement is upheld. The previous blanket prohibition based on EU law and old Immigration Rules...

Source-derived case information.

Parties
Applicant: Kent County Council; Respondent: EK; Respondent: SK; Respondent: MIK; Respondent: MAK; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
28 February 2025
Procedural Posture
Family / Final Determination of Preliminary Legal Issue
Outcome
Preliminary legal issue determined: High Court may implement return order before asylum claim determination, subject to non-refoulement.
Legal Topics
Inherent Jurisdiction, Return Orders, Asylum Claims, Non Refoulement, Children's Welfare, Hague Convention
Family Law Immigration Law International Law Inherent Jurisdiction Return Orders Asylum Claims Non Refoulement Children's Welfare +1 more

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Parties

Kent County Council

Applicant

EK

Respondent

SK

Respondent

MIK

Respondent

MAK

Respondent

Secretary of State for the Home Department

Intervener

Procedural Posture

Family / Final Determination of Preliminary Legal Issue

Legal Issues

  1. 1 Whether the High Court can implement a return order for children before their asylum claims are determined by the Secretary of State for the Home Department
  2. 2 Effect of post-Brexit changes to UK immigration and asylum law on the prohibition of implementing return orders
  3. 3 Scope of the principle of non-refoulement in the context of return orders

Ratio Decidendi

The High Court is no longer prevented by immigration and asylum law from implementing a return order for children to a safe third country before their asylum claims are determined, provided the general principle of non-refoulement is upheld. The previous blanket prohibition based on EU law and old Immigration Rules no longer applies due to legislative changes post-Brexit.

Court Disposition

Preliminary legal issue determined: High Court may implement return order before asylum claim determination, subject to non-refoulement.

Orders

  • No prohibition on implementing return order pending asylum determination if return is to a safe third country and non-refoulement is upheld.
  • Welfare assessment to proceed to inform further decisions.