Family Law Hub

R v Secretary of State for the Home Department (Disclosure of Asylum Records) [2019] EWHC 3147 (Fam)

The father sought disclosure and inspection of documentation from the successful asylum claim of the mother, for use in family proceedings. The mother's asylum application had been based on claims regarding physical and sexual abuse by the father. The father had applied for summary return under the 1980 Hague Convention, and requested disclosure before a fact-finding hearing. MacDonald J accepted that there was a compelling public interest in ensuring that the confidentiality of the asylum process was protected, but that did not prevent a court ordering disclosure and inspection of such documents in proceedings under the Children Act 1989 in an appropriate case. The mother was directed to produce for the court the documentation from the asylum process which she contended should not be disclosed to the father, and the court would determine whether they should be.

Published: 11/12/2019


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