| Title | M.A.A. v. D.E.M.E. |
| Publisher | Canada: Court of Appeal for Ontario |
| Publication Date | 29 July 2020 |
| Country | Canada | Kuwait |
| Topics | Children's rights | Children-at-risk | Physical harm | Refugee status determination (RSD) / Asylum procedures |
| Citation / Document Symbol | 2020 ONCA 486 |
| Related Document(s) | M.A.A. v. D.E.M.E.: Factum of the intervener (UNHCR) |
| Cite as | M.A.A. v. D.E.M.E., 2020 ONCA 486, Canada: Court of Appeal for Ontario, 29 July 2020, available at: https://www.refworld.org/cases,CONT,5f3be2cb4.html [accessed 1 October 2022] |
| Comments | I have concluded that the evidence establishes that the children would, on a balance of probabilities, suffer serious harm if returned to their habitual residence of Kuwait. Ontario therefore may and should exercise jurisdiction to determine custody and access. I have also concluded that it was an error to order the return of the children pending the determination of their refugee claim. |
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