G v G (Secretary of State for the Home Department intervening)

Subject Matter

CHILDREN — Custody rights — Breach — Child habitually resident in South Africa wrongfully removed by mother to England — Mother applying for asylum in England and naming child as dependant — Father applying under Hague Convention for child’s return — Whether Hague Convention application to be stayed pending determination of asylum application — Whether child named as dependant on parent’s asylum application to be treated as making own asylum application — Whether court prevented from implementing return order pending determination of asylum application — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 12 — Nationality, Immigration and Asylum Act 2002 (c 41), ss 78, 82, 104 — Immigration Rules, para 329 — Council Directive 2005/85/EC, arts 2(b), 7(1), 39

[2020] EWCA Civ 1185; [2022] AC 544; [2021] 2 WLR 705; [2021] 2 FLR 481; [2020] WLR (D) 505, CA

[2021] UKSC 9; [2022] AC 544; [2021] 2 WLR 705; [2021] 4 All ER 113; [2021] 2 FLR 536, SC(E)

Appellate History

Commentary

Free Movement
When can refugee children be returned to their home country under the Hague Convention? Case comment

UK Supreme Court Blog
New Judgment: G v G [2021] UKSC 9 Case comment

Free Movement
Supreme Court reiterates that a refugee cannot be removed until claim is assessed Case comment

Dependent children to be treated as having made their own asylum claim Case comment