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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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