R (on the application of B) v Secretary of State for the Home Department [2014] EWCA Civ 854; [2014] All ER (D) 183 (Jun)
Court of Appeal, Civil Division, Lord Dyson MR, Moses and Patten LJJ, 24 June 2014
Removal to France of an asylum seeking minor who wished to wear a burqa, and her father, would not constitute a flagrant violation of the applicant’s rights under Arts 8 or 9 of the European Convention on Human Rights, despite the French ban on the burqa in public places.
Sibghat Kadri QC and Rashid Ahmed (instructed by Britannia Law Practice LLP) for the applicants. David Mankell (instructed by the Treasury Solicitor) for the secretary of state. Satvinder Juss (instructed by HSBS Law Solicitors) appeared by way of written submissions for the Sikh Council Hampshire as intervener.
The applicants were a father and his daughter (born in 2002) who were Iranian nationals. Both were practising Muslims who believed that females should cover their heads in public. The father contended that he had been forced to leave Iran because
