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The parents and the child are Italian nationals. The mother and father were in a relationship for a number of years, did not marry, and separated in August 2021 although remained living together. On 30 August 2021 the father was not able to contact the mother, he received a message from her stating that she and the child were in England and would be returning on 7 September 2021. They did not return on that date.

On 23 September 2021 the father submitted an application under the 1980 Hague Convention to the Italian Central Authority.

The judge of first instance ordered the return of the child by no later than 13 February 2022, with detailed directions made regarding the practical arrangements for the return.

On 10 February 2022 the mother had not purchased return tickets as provided for in the order and had made an asylum application on behalf of herself and the child.

Prior to the hearing on 1 March 2022 the Secretary of State for the Home Department confirmed the mother’s asylum claim was deemed ‘inadmissible’.

The mother sought more time, due the short notice she had been given of the decision, indicating that consideration would be given to a claim for judicial review.

Appeal dismissed, return ordered.

Non-Convention Issues

There was no bar that prevented the return order taking effect as there was no right of ‘in-country’ appeal against the decision that the asylum claim was ‘inadmissible’. An application for judicial review should not be treated as having the same effect as an ‘in country’ appeal.

Having determined that there is no bar on the return order being effective under G v G the court has to consider Article 12 of the 1980 Hague Convention which requires this court to return the child unless one of the defences under the 1980 Hague Convention has been established.