The asylum applicant said that if she was returned to her home country, she would be judged under Sharia law, and would thereby lose custody of her son, and this would deny her her right to family life.
Held: Any such loss would not be complete. She would retain visitation rights, and therefore the article was not infringed, even though her rights would be substantially restricted.
Judges:
Lord Justice Carnwath, Lord Justice Gage and Mr Justice Bodey
Citations:
Times 29-Nov-2006, [2006] EWCA Civ 1531, [2007] UKHRR 1, [2007] Imm AR 347, [2007] 1 FLR 991, [2007] Fam Law 398, (2006) 150 SJLB 1570, [2007] 3 FCR 1
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Cited by:
Appeal from – EM (Lebanon) v Secretary of State for the Home Department HL 22-Oct-2008
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon.
Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 19 November 2022; Ref: scu.246339
