Immigration law contravenes human rights, claims woman

A WOMAN who claims that the Government's commitment to incorporate the European Convention on Human Rights into domestic law should prohibit the Home Office from deporting her husband will hear the result of her judicial review this week.

In a case which could have major repercussions for the Government, Idris Patel, who is represented by Liaqat Malik, of Manchester firm Malik Adams, claims that the Home Office's decision to deport her husband contravenes Article 8 of the convention which guarantees the right to family life.

Last week Patel's counsel, Sibghatullah Kadri QC, of 6 King's Bench Walk, told Mr Justice Sullivan in the High Court that, even though the European Convention on Human Rights had not yet been incorporated, the fact the Government had pledged to do so was sufficient grounds to make the deportation order illegal.

Patel has a child and is pregnant.

Malik said if the application was successful it would affect 2,500 similar cases.

A decision on the case was due on Monday.