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Case details

G (Appellant) v G (Respondent)

Case ID: UKSC 2020/0191

Case summary


(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?


G is an only child of divorced parents. Until February 2020, her 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 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 now appeals to the Supreme Court.

Judgment appealed

[2020] EWCA Civ 1185








Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens

Hearing start date

25 Jan 2021

Hearing finish date

27 Jan 2021

Watch hearing
25 Jan 2021 Morning session Afternoon session
26 Jan 2021 Morning session Afternoon session
27 Jan 2021 Morning session

Judgment details

Judgment date

19 March 2021

Neutral citation

[2021] UKSC 9

Watch Judgment summary
19 Mar 2021 Judgment summary

Reporting Restrictions

G (Appellant) v G (Respondent)

Case ID: UKSC 2020/0191

There are strict reporting restrictions in place, because:

THE COURT ORDERED that no one shall publish or reveal the name or address of the child who is the subject of these proceedings or publish or reveal any information which would be likely to lead to the identification of the child or of any member of her family in connection with these proceedings.