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30 October 2008
Issue: 7343 / Categories: Legal News , EU , Human rights
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Law lords leap to defence of mother in landmark ruling

Asylum appeal of foreign national allowed on humanitarian grounds

A House of Lords ruling has, for the first time in domestic or European jurisprudence, allowed an appeal against the removal of a foreign national on grounds of a breach in the receiving country of a right other than Arts 3 and 6 of the European Covention on Human Rights.

In EM (Lebanon) v Secretary of State for the Home Department, the appellant had fled her country after it was ruled that she would have no legal right to custody of her son after the age of seven, after her divorce.

Alison Pickup, a barrister specialising in immigration law at Doughty Street Chambers, says that the House of Lords was keen to shy away from EM’s argument that the discriminatory approach of Lebanese law towards child custody issues contravened Art 14, read with Art 8, of the Convention. “The house held that it could not impose the principle of equality between men and women on a legal system based on Sharia law which was ‘respected and observed throughout much of the world’,” she says.

Pickup continues: “Their lordships considered that there were compelling humanitarian grounds for allowing EM’s appeal since, in the particular circumstances of her case, there was a real risk that her family life with AF [her son] would be completely destroyed on return to Lebanon.”

Pickup says that while the law lords’ reluctance to impose European standards of equality on other jurisdictions is consistent with their earlier approach, it does raise questions over their dealings with Sharia law. “One can’t help wondering if their approach would have been the same if the foreign law discriminated against, for example, Jewish parents or communist parents.”
 

Issue: 7343 / Categories: Legal News , EU , Human rights
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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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