Supreme Court reiterates that a refugee cannot be removed until claim is assessed

The Supreme Court has reiterated that — for now — UK law prohibits removal of a person “who can be understood to seek refugee status” and who has an outstanding asylum claim or appeal. The case is G v G [2021] UKSC 9 and involved a child whose mother was seeking asylum in the UK but whose father had brought international child abduction proceedings under the Hague Convention.

It is a timely judgment, given ongoing drip-fed leaks to the media about the idea of “offshore processing” of asylum claims. A careful reading reveals both the strengths and weaknesses of the regime for refugee protection, though. While the Refugee Convention in theory offers strong protection against removal to a country where the refugee might face persecution, this does not necessarily prevent removal to a safe country. In the UK the prohibition on removal depends on retained EU law and national laws, both of which are very much under threat.