- Woman, known as CS, jailed for a year for smuggling a sim card into prison
- She was identified as the daughter-in-law of radical cleric Abu Hamza today
- After her release she divorced British husband and got custody of their son
- Government's plans to deport her derailed because she is child's sole carer
The Moroccan woman who cannot be deported because of a European court order has been identified as the daughter-in-law of radical Muslim cleric Abu Hamza.
The woman, known only as CS in court papers, was due to be thrown out of the UK after serving a 12 month sentence for smuggling a sim card into a jail in 2012.
But Europe's highest court ruled the UK cannot deport foreign criminals if they are the sole carer of their British child - and Britain must also prove they are a threat to national security.
The Moroccan woman who cannot be deported because of a European court order has been identified as the daughter-in-law of radical Muslim cleric Abu Hamza (pictured)
Tory MP Philip Davies today identified the woman as Hamza's daughter, before later clarifying that he understood her to be his daughter-in-law. There is an order banning media from naming her.
In January, Hamza was jailed for life by a New York judge who told him he was 'barbaric' and showed no remorse or sympathy towards his victims.
He was found guilty of helping in a hostage taking in Yemen in 1988 that left three Britons and an Australian dead.
His other convictions related to inciting violent jihad in Afghanistan and trying to set up a terrorist training camp in Bly, Oregon.
It also emerged last month that one of the Paris attackers was a devotee of one of Hamza's former disciples at the Finsbury Park Mosque in North London.
The judge said a life sentence was the only option as she could never conceive of a time when he would not be a danger to the public - even 20 years from now.
Raising a point of order in the House of Commons, he said: 'My understanding is that the person concerned is the daughter of Abu Hamza, which is a very, very serious matter for the security of this country.
'And surely this is something that should be raised in this House, that the Home Office minister should be making a statement about today.
Tory MP Philip Davies today identified the woman as Hamza's (pictured) daughter, before later clarifying that he understood her to be his daughter-in-law
'Have you had any indication that the Home Office intend to make any kind of statement about this issue?'
CS divorced her British husband and secured custody of their four-year-old son but claimed she could not be deported because there will be no-one else to care for the boy.
Home Secretary Theresa May wanted to deport her but the European Court of Justice's (ECJ) top legal adviser said non-EU offenders whose children have UK nationality could not be booted out 'simply' because they have committed a crime.
In a crumb of comfort for the Home Secretary, ECJ Advocate General Maciej Szpunar said expulsion should be allowed in 'exceptional circumstances'.
He said a foreign offender who was sole carer of a British child aged under 16 could be flown home if they presented a 'genuine, present and sufficiently serious' threat to society, including public security.
If the ECJ backs his preliminary opinion – and the judges rarely disagree – it potentially opens the door to hundreds of low-level foreign criminals to claiming the right to stay in Britain.
Under current immigration laws, Britain automatically serves a deportation order against all non-EU offenders who are sentenced to more than one year in prison, irrespective of their family circumstances.
In May 2012, CS was jailed after attempting to smuggle contraband – a mobile phone SIM card – into a high-security prison and sentenced to 12 months in jail.
After completing her sentence, she was handed a deportation notice. A subsequent request for asylum was rejected as there was no likelihood of persecution if she were to return to her native Morocco.
But immigration judges ruled that deportation amounted to 'constructive expulsion' of her son from the EU.
Theresa May was told that the UK cannot deport foreign criminals with British-born children after a key test case involving a jailed Moroccan mother of one
Because there were no other family members he could live with in the UK, sending him to Morocco would breach his human rights.
Mrs May appealed against that decision but the case was sent by the British courts for a ruling from the Luxembourg court.
Britain had argued that CS's 'serious criminal offence represented an obvious threat to the preservation of… social cohesion and of the values of its society'.
In his legal advice, which gives a strong guide to the court's eventual verdict, Advocate General Szpunar declared that 'in principle' it would violate EU laws to deport a non-EU criminal who had sole care of a British child.
But he said expelling parents such as CS was permissible in 'exceptional circumstances', after the government has examined the 'personal conduct' of the criminal and assessed whether they present a serious risk to 'public security'.
Last night Eurosceptic Tory MP Philip Hollobone said: 'This is yet another crazy judicial ruling and underlines the need for us to finally leave the EU and to abolish the Human Rights Act.
'By being a member of the EU and the human rights act we are effectively unable to decide which people we want in the country and which people we do not.'
The case intensifies pressure on David Cameron, whose renegotiation has not touched on the powers of the ECJ over British law.
He has promised to bring forward legislative proposals soon that will 'put beyond doubt the sovereignty of the Commons over European law.
Mrs May, a frequent critic of EU free movement rules, has hinted in recent days that she will campaign to remain in the European Union.