AB (A Minor), In the Matter Of [2023] NICA 37 (02 June 2023)

AB (A Minor), In the Matter Of [2023] NICA 37 (02 June 2023)

Return to Switzerland does not breach non-refoulement as Switzerland is not the country of persecution (Eritrea), and Swiss authorities have provided sufficient assurances of protection and support. The stay pending asylum determination was not justified as there was no risk of refoulement or grave harm. The grant of asylum in the UK does not prevent return to Switzerland under the Hague Convention where the receiving state is safe and protective measures exist. The appeal is allowed and the return order is confirmed.

Citation
[2023] NICA 37
Parties
Appellant/father: CD; Respondent/mother: EF; Subject Child: AB (A Minor); Intervener: Official Solicitor
Jurisdiction
Northern Ireland
Judgment Date
02 June 2023
Procedural Posture
Appeal (child Abduction Under Hague Convention) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; return order confirmed.
Legal Topics
Child Abduction, Hague Convention 1980, Asylum and Refugee Status, Non Refoulement, Habitual Residence, Return Orders, Protective Measures
Family Law International Law Immigration/asylum Law Child Abduction Hague Convention 1980 Asylum and Refugee Status Non Refoulement Habitual Residence +2 more

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Parties

CD

Appellant/father

EF

Respondent/mother

AB (A Minor)

Subject Child

Official Solicitor

Intervener

Procedural Posture

Appeal (child Abduction Under Hague Convention) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the stay on the return order pending asylum determination was correct
  2. 2 Whether the grant of asylum in the UK prevents return of the child to Switzerland under the Hague Convention
  3. 3 Whether return to Switzerland would breach non-refoulement or place the child at grave risk

Ratio Decidendi

Return to Switzerland does not breach non-refoulement as Switzerland is not the country of persecution (Eritrea), and Swiss authorities have provided sufficient assurances of protection and support. The stay pending asylum determination was not justified as there was no risk of refoulement or grave harm. The grant of asylum in the UK does not prevent return to Switzerland under the Hague Convention where the receiving state is safe and protective measures exist. The appeal is allowed and the return order is confirmed.

Court Disposition

Appeal allowed; return order confirmed.

Orders

  • The child AB shall be returned to Zurich, Switzerland in the week commencing 19 June 2023 by connecting flight from Belfast through a Hague Convention country to Zurich.
  • Both parties shall enter into mutual undertakings as set out in the attached schedule (including arrangements for travel, accommodation, maintenance, and contact).