Rule 12.71A F1

In this rule—

• “child concerned” means the child who is the subject of the return proceedings;

• “claimant” means the person who has made the protection claim;

• “linked protection claim” is a protection claim that is made by or on behalf of the child concerned or in which the child concerned is named as a dependant of the claimant, and includes a pending in-country appeal;

• “NIA Act 2002” means the Nationality, Immigration and Asylum Act 2002;

• “pending in-country appeal” means an appeal within the meaning of section 104 of the NIA Act 2002 against a decision of the Secretary of State on a protection claim in which the child concerned is present in England and Wales, and includes any period for instituting of such appeal or applying for permission for such appeal;

• “protection claim” has the same meaning as in section 82(2)(a) of the NIA Act 2002, and for the avoidance of doubt, includes an application for asylum as defined by the Immigration Rules HC 395 as amended;

• “return order” means an order for the return of a child to another country, made pursuant to an application under any of the 1980 Hague Convention, the High Court’s inherent jurisdiction, or section 8 of the 1989 Act;

• “return proceedings” means any proceedings—

  1. (a)

     for a return order;

  2. (b)

     to vary, revoke, discharge or set aside a return order; or

  3. (c)

     in which implementation of a return order is sought.

This rule applies in return proceedings.

Any party to return proceedings that is aware of a linked protection claim must notify the court as soon as practicable of the existence of that claim and provide any information that party has about the progress of that claim.

When the court becomes aware of a linked protection claim, it must hold a hearing as soon as practicable in order to consider directions, including those specified in rule 12.48, as to—

Nothing in this Rule disapplies the provisions of other rules or of Practice Directions, including any powers of the court, whether in relation to family proceedings or protection claims falling within scope of this rule, or to other family proceedings, other immigration proceedings, or other claims or proceedings.