K (A Child) (Stay of Return Order: Asylum Application) (Contact to a Parent in Self-Isolation)

K (A Child) (Stay of Return Order: Asylum Application) (Contact to a Parent in Self-Isolation)

The commencement of an asylum application by or on behalf of a child prohibits enforcement of a Hague Convention return order, regardless of whether the application is genuine or a sham, until the asylum claim is determined and appeals exhausted. The court cannot order disclosure of the grounds for asylum at this stage due to confidentiality protections. Contact arrangements during quarantine must comply with regulations and protect the child from COVID-19 risk; direct contact should not be ordered without expert assessment of the child's wishes and feelings.

Parties
Applicant: NT; Respondent: LT
Jurisdiction
England and Wales
Judgment Date
04 September 2020
Procedural Posture
Child Abduction and Custody (hague Convention) / Post Return Order; Application for Stay Pending Asylum Determination
Outcome
Stay of return order granted pending determination of asylum application.
Legal Topics
Child Abduction, Asylum Applications, Non Refoulement, Contact Arrangements, COVID 19 Quarantine Regulations
Family Law Immigration Law International Law Child Abduction Asylum Applications Non Refoulement Contact Arrangements COVID 19 Quarantine Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

NT

Applicant

LT

Respondent

Procedural Posture

Child Abduction and Custody (hague Convention) / Post Return Order; Application for Stay Pending Asylum Determination

Legal Issues

  1. 1 Does a pending asylum application by a child prohibit enforcement of a Hague Convention return order?
  2. 2 Is the prohibition removed if the asylum application is a sham?
  3. 3 Does the court have jurisdiction to require disclosure of grounds for asylum?

Ratio Decidendi

The commencement of an asylum application by or on behalf of a child prohibits enforcement of a Hague Convention return order, regardless of whether the application is genuine or a sham, until the asylum claim is determined and appeals exhausted. The court cannot order disclosure of the grounds for asylum at this stage due to confidentiality protections. Contact arrangements during quarantine must comply with regulations and protect the child from COVID-19 risk; direct contact should not be ordered without expert assessment of the child's wishes and feelings.

Court Disposition

Stay of return order granted pending determination of asylum application.

Orders

  • Stay of return order until 15 days after tribunal decision on asylum claim.
  • Liberty to apply granted to mother on 48 hours notice if law changes or circumstances significantly change.