EDAL case summaries
Country of Decision: United Kingdom
Country of Applicant: Pakistan
Keywords: Actor of persecution or serious harm, Best interest of the child, Child Specific Considerations, Family member, Refugee Status, Relevant Facts, 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: 26-04-2017
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