Case summaries
UK – F v M and A (a child) and Secretary of State for the Home Department Joint Counsel for the Welfare of Immigrants (Interested Party), Case No: FD15P00103, 26/04/2017
Country of applicant:
Pakistan
Keywords:
Actor of persecution or serious harm, Best interest of the child, Relevant Facts, Refugee Status, Child Specific Considerations, Family member, Return
Following the careful examination of International, European and domestic law, the Court concluded that the grant of refugee status supersedes any order made by a Family Court (regarding the return of the child to Pakistan), because it is the Secretary of State for the Home Department that is the entrusted public authority to deal with asylum matters. However, were the Family Court to discover new facts, the relevant public authority would be responsible, in principle, under the tenets of UK Administrative Law to review their decision.
Date of decision:
26-04-2017
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 18,Art 24,Art 12,Art 17,Art 15,Art 4,Art 4,Art 8,Art 13,Art 14,Art 10,Art 12,Art 14,Art 1,Art 1A,Art 32,Art 21,Art 33,Art 13,Art 37,Art 38,Art 7,Recital 12,Art 22,Art 41,Article 3,Article 8