header-logo header-logo

30 October 2008
Issue: 7343 / Categories: Legal News , EU , Human rights
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll