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Supreme Court to hand down judgment in 1980 Hague Convention / asylum case

The Supreme Court will hand down judgment in G v G on Friday, 19 March 2021.

The case concerns G, the only child of divorced parents. Until February 2020, G's parents lived near to each other in South Africa. However, after telling friends that she was lesbian, G's mother began to experience persecution from her family in South Africa. As a result, she fled to England with G and made an application for asylum. Upon discovering that G had been taken to England, G's father made an application for her return under the 1980 Hague Convention. At first instance, Lieven J held that the father's application for a return order should be stayed pending the determination of G's mother's asylum claim. The Court of Appeal in G (A Child : Child Abduction) [2020] EWCA Civ 1185 considered that, in the circumstances, the High Court was not barred from determining the father's application for a return order, nor was it barred from making such an order. The mother appealed to the Supreme Court.

The Supreme Court will consider:

  1. Does a child named as a dependent on a parent's asylum application have any protection from refoulement?
  2. Can a return order be made under the 1980 Hague Convention even where a child has protection from refoulement?
  3. Should the High Court be slow to stay an application under the 1980 Hague Convention prior to determination of an application for asylum?

For the Court of Appeal judgment, click here.