| 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 17 May 2023] |
| 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. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |