Court of Appeal rules unlawfully removed child entitled to damages

Friday 1 April 2022

Our Sonali Naik QC and Greg Ó Ceallaigh of Garden Court Chambers represented the Appellant, instructed by Hannah Baynes of Duncan Lewis.

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The Court of Appeal found the client is entitled to damages under the Human Rights Act and under EU law for his unlawful removal from the UK to Germany as a child, separating him from his only family member in Europe for 18 months, until his return by order of the Court.

The Upper Tribunal found that a declaration was sufficient. 

The Court of Appeal found that the Appellant was entitled to damages for just satisfaction for the breach of article 8 ECHR and the breach of EU law was sufficiently serious to require an award of damages.

The Appellant is an Afghan asylum-seeker who has been waiting years for a decision on his claim.

The Judgment is available to download here.

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