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Success in the ECtHR (2 February 2011)

Date: 02/02/2011
Duncan Lewis, Main Solicitors, Success in the ECtHR

Duncan Lewis’s application to the European Court of Human Rights for an injunction preventing the removal of our client ‘VG’ to Jamaica has today been granted.

VG is mother to a young boy. Before she was detained she was the sole carer for her child. On her detention the child resided with his father. VG had instituted proceedings in a family court seeking an Oder that the child’s best long term interests lay in residence with her. However, the Home Office were trying to remove her at the same time.

At the time that Duncan Lewis were instructed, an application for judicial review to stop her removal had already been refused, though her former solicitors had not referred to the family proceedings when trying to challenge her removal. The Court had also ruled that the judicial review should not be a bar to removal, and the Home Office took steps to remove VG.

Duncan Lewis took over the claim, updated the Court and the Home Office and made an emergency application for an injunction to prevent her removal. When this was refused, the application was immediately renewed in the Court of Appeal. Following a further refusal to grant an injunction, and having exhausted all of her domestic remedies, Duncan Lewis appealed to the European Court of Human Rights, who have today granted the injunction.

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