The Court of Appeal rejected a claim that the removal of an Iranian father and daughter to France would be unlawful due to a French law which would prevent the daughter from wearing a burka to school. The Court held that the Appellants had not satisfied the stringent flagrancy test required for reliance on Articles 8,9 or 14 in a case where the alleged breach was in the receiving state. The Court also held that they had failed to rebut the presumption under the Dublin Regulation that France would comply with its obligation to respect those rights. The Master of the Rolls emphasised that “the court should be very slow to decide that the legislation of a democratically-elected legislature of a member state of the European Union is incompatible with the Convention.”
The full judgment can be found here.
A detailed discussion of the judgment can be found here.
