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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

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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