Stateless mother-of-two wins appeal against extradition to Lithuania

25.01.18 | |

Malcolm Hawkes represented a stateless woman who challenged the order for her extradition to Lithuania to serve an 18-month prison sentence for fraud, and to stand trial for similar offences.


The woman had entered the UK on false identity documents and was convicted of those offences in this country.


She challenged extradition on the basis that her statelessness would mean she could never return to the UK if she were extradited and be reunited with her children. Born in the Soviet Union, she had never regularised her immigration status in independent Lithuania; she faced insurmountable obstacles in establishing her right to citizenship of that country.


In the UK, she was the victim of domestic violence and extreme controlling behaviour from her husband, who had been convicted of murder in Lithuania and would regularly threaten her. He has since been deported to Lithuania where he faces trial for a second murder allegation.


The woman’s two children were severely affected by their mother’s arrest and imprisonment and were at real risk of further significant and serious psychological harm were she to be extradited.


Describing the case as one of the most difficult of its type, High Court judge, Sir Wyn Williams accepted that if the woman were extradited, she would automatically lose custody of her children as she would be unable to contest care proceedings in the family court. He concluded that this outcome would be a clearly disproportionate interference with her and her children’s right to private and family life.


In JB v Lithuania, Malcolm was instructed by John Howey of JFH Solicitors


« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)