A Moroccan woman with a criminal record whose fight against deportation has been boosted by the European Court of Justice (ECJ) advocate general is the daughter-in-law of radical cleric Abu Hamza, a Yorkshire Tory MP said today.
The woman has a British son and, in a preliminary opinion, the ECJ advocate general has ruled that European Union law means the UK cannot automatically deport her simply because she has a criminal record unless she is deemed to pose a “serious” threat to society.
The opinion, which emerged yesterday, states that deporting someone who is the sole carer for an EU national child is “in principle contrary to EU law”.
There is an order banning media from naming the woman, who is referred to as CS in court documents.
But Shipley Conservative MP Philip Davies told the House of Commons today that the woman is the daughter-in-law of Abu Hamza, adding: “This is a very serious matter and is something that this country and this House should be aware of.”
Raising a point of order in the House of Commons, Mr Davies called for an urgent statement from a Home Office minister on the matter.
He said: “I’m very surprised that there isn’t a statement today in the House.
“You may have seen the reports in the newspapers yesterday that European judges have ruled that a foreign Moroccan criminal cannot be deported from the country despite the Home Office saying that she committed serious offences which threaten the values of society.”
He went on: “Surely this is something that should be raised in this House, that the Home Office minister should be making a statement about today?
“Have you had any indication that the Home Office intend to make any kind of statement about this issue?”
Replying, Deputy Speaker Lindsay Hoyle said: “I don’t think I’m going to shock you by saying I’ve had absolutely no indication of anybody coming forward with a statement.
“What I would say quite rightly as ever - you have raised it, it is on the record and I’m sure that people will be listening in different departments as we continue with this debate.”
The Guardian reported yesterday that the woman was jailed for attempting to smuggle a banned item, a mobile phone Sim card, during a prison visit.
While serving the sentence, she was told that she was liable for deportation from the UK.
The ECJ advocate general’s opinion follows a request from judges in the Upper Tribunal (Immigration and Asylum Chamber) about the case.
In its press statement on the case, the ECJ said the UK had argued that ‘’CS’s serious criminal offence represented an obvious threat to the preservation of that Member State’s social cohesion and of the values of its society’’.
It added: ‘’The Advocate General considers that expulsion is, in principle, contrary to EU law but that, in exceptional circumstances, such a measure may be adopted, provided that it observes the principle of proportionality and is based on the conduct of the person concerned (conduct that must constitute a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society) and on imperative reasons relating to public security.’’
The Advocate General’s opinion is not binding on the ECJ and its judges will now deliberate and deliver a judgment at a later date.
The case remains before the upper tribunal in the UK, pending that final decision of the European court in Luxembourg.
Vote Leave spokesman Robert Oxley said: “EU judges are attempting to stop us from deporting Abu Hamza’s daughter-in-law.
“This dangerous farce shows just how damaging the EU is for our security.
“The only way we can fight terrorism is to vote Leave and take control - it’s the only safe option.”