FAMILY DIVISION
B e f o r e :
(Sitting throughout in public)
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Re: NA | ||
(Dismissal of application under Hague Convention) |
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MERCY AKMAN appeared on behalf of the Respondent mother.
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Crown Copyright ©
MR JUSTICE HOLMAN:
"1. Upon it now appearing from the reply from the Home Office dated 28th October 2015 to the request for information in Form EX660 that the mother and child cannot now be returned to Belgium pursuant to the Council Regulation Dublin II, and that the Home Office is now substantively considering the mother's and child's claim for asylum, which (it appears) are likely to result in the Home Office either granting asylum or seeking to return the mother and the child to Iran;
2. And upon the present evidence from the Belgian authorities and in relation to Belgium appearing to indicate that the mother and child could be granted admission on a 'family reunion visa', but that there cannot be a 'family reunion' as the mother would not agree to living again with the father, and would not voluntarily agree to the child living with the father; but that it is possible (but speculative) that the Belgian authorities might permit the mother and the child lawfully to enter Belgium (without passports) on some alternative basis."