In the Matter of J (Child Refugees)

In the Matter of J (Child Refugees)

The court has jurisdiction under Article 13 of Brussels II Regulation as the children lacked habitual residence at the time of application. The threshold for care orders is met due to significant harm suffered by the children being sent out of Afghanistan without parental protection. The Local Authority’s decision to bring care proceedings for young unaccompanied children with no relatives in the country is correct, and care orders are approved.

Parties
Applicant: Local Authority; Subject: J (child); Subject: T (child)
Jurisdiction
England and Wales
Judgment Date
23 January 2017
Procedural Posture
Care Order Application / Final Judgment
Outcome
care orders granted
Legal Topics
Care Orders, Unaccompanied Child Refugees, Habitual Residence, Section 20 Accommodation, Asylum Seeking Children
Family Law Child Protection International Law Care Orders Unaccompanied Child Refugees Habitual Residence Section 20 Accommodation Asylum Seeking Children

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Parties

Local Authority

Applicant

J (child)

Subject

T (child)

Subject

Procedural Posture

Care Order Application / Final Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction under Article 13 of Brussels II Regulation for unaccompanied child refugees lacking habitual residence
  2. 2 Whether threshold criteria for care orders are met for children sent out of Afghanistan without parental protection
  3. 3 Appropriateness of care order versus section 20 accommodation for unaccompanied asylum-seeking children

Ratio Decidendi

The court has jurisdiction under Article 13 of Brussels II Regulation as the children lacked habitual residence at the time of application. The threshold for care orders is met due to significant harm suffered by the children being sent out of Afghanistan without parental protection. The Local Authority’s decision to bring care proceedings for young unaccompanied children with no relatives in the country is correct, and care orders are approved.

Court Disposition

care orders granted

Orders

  • Final care orders made for J and T.
  • Care plans approved for continued placement in current foster home.