The Supreme Court handed down judgment in the case of G v G [2021] UKSC 9 addressing the interplay between asylum under the Refugee Convention 1951 and child abduction under the Hague Convention 1980. Mark Smith was part of the team acting on behalf of reunite ICAC, who intervened in the appeal, alongside Richard Harrison QC and Jennifer Perrins of 1 King's Bench Walk Chambers and Kim Lehal at Brethertons LLP.
The decision means that a return order in child abduction proceedings cannot be implemented until the appeal in any asylum claim made by the child or with the child as a dependant has been determined. The Secretary of State intends to create a specialist team to ensure that such asylum claims are determined speedily, and any appeal will be heard by a judge from the Family Division of the High Court so that the case can be expedited.
An article will follow shortly from Mark Smith, examining the issues in the case in more detail.
Mark Smith specialises in family law. He regularly appears in applications for child arrangement orders that have an international element. Mark recently appeared in an application for contact where there was a risk of the child being abducted to Poland, advised on the enforcement of child arrangement orders in Belarus, and appeared in a High Court application for a passport seizure order where there was a risk of the child being abducted to Bangladesh.
Mark appears in immigration and associated judicial review proceedings, including human rights applications for leave to remain outside the Immigration Rules, and asylum and humanitarian protection. He also specialises in Extradition and International law proceedings.
