Posts tagged article 8

Debate rages on about right to family life law (Article 8)

PRESSURE ON JUDGES TO DEAL WITH ‘RIGHT TO FAMILY LIFE’ EXCUSE

Although the principles developed under the European Convention on Human Rights were aimed at ensuring individuals had basic, protected rights (like the right to family life), recent media coverage has highlighted the fact that a number of foreign criminals are now using these rights as excuses to avoid being deported. These situations are an outright abuse of human rights law, and in particular, Theresa May has been working on ensuring these abuses are stopped.

Theresa May has spoken out publicly about her outrage of the ECHR abuses, and has plans for new immigration laws to be in place by the summer. These new laws aim to prevent foreign criminals from being able to use, amongst other excuses, the ‘right to family life’ argument. Her plans have made it absolutely clear that those that cannot support themselves, or have a committed a crime, will not be allowed to stay in the country.

Her stance on this subject has been further evidenced by her actions in relation to Abu Qatada, the cleric whose deportation to Jordan was inhibited at the beginning of this year by the European Court of Human Rights. She stated, “the public want him to be deported, I want him to be deported”. She has been known for her strong stance on immigration, and believes that the new immigration law changes will obtain support from politicians and the public alike, regardless of their political bearing.

Current government dislike has inflated due to recent issues concerning tax changes, the Budget and claims that MPs fuelled panic over petrol shortages. It is therefore likely that this latest move by Theresa May will boost support for the government. Immigration issues were identified in a number of political surveys last year as being a top priority for the public, and so witnessing changes in government policy that aim to positively tackle this issue will be likely to gain support for the government.

The changes to the use of Article 8 Right to Family Life will be emphasised to judges, highlighting that the Right will not have the power to stop the deportation of someone who has either committed a crime, not complied with immigration law or who cannot support themselves in the country. This will be because Ministers are changing immigration law around the end of July so that the right to family life argument can only be used in exceptional and rare circumstances. Previous dismay has been brought to light over the judges’ failure to use the Article 8 argument properly, ignoring in-built provisions which include the prevention of disorder or crime as a legitimate reason for deportation.

This change to immigration law is needed after Labour passed the UK Borders Act 2007, which greyed areas concerning deportation by allowing an exemption from deportation if there had been a breach of human rights.  This change will therefore attempt to make the issue clearer.

In the current economic climate, where unemployment is at a record high, and the general public are worried about their jobs and the economy, the country cannot afford to allow people to stay here who either cannot support themselves (and are therefore a drain on the public resources), or who are committing crimes/not complying with immigration law, and yet are using Article 8 as a way to remain in the country. If Theresa May’s efforts succeed therefore, many would welcome the change.

Article 8 (again)

More of “Human Rights gone mad”

Another week, another case showing the ridiculous state of English law when it comes to some aspects of Human Rights and yes, you guessed it, the culprit is Article 8 again (right to family life)

A convicted fraudster from Nigeria who entered the UK illegally initially (and was allowed to stay indefinitely due to an amnesty) is appealing a deportation order against him because he has a son in this country. He claims that deporting him breaches his and his son’s right to a family life even though he has been in prison for much of his son’s life and the son goes to school 12 miles away.

This is yet another example of liberal politics gone mad, let alone the cost to the taxpayer of these cases which just keep coming.

We obviously understand the needs of the child but a commonsense approach to this issue must surely lead to the conclusion that this person is “taking the piss” for want of a better expression.

We will shortly be running a poll on these sorts of cases, so please check back as we will start collecting data on what the British public really think about these issues. Without prejudging, we have an inkling of what most of you might say !

More article 8 madness

Evicted gipsies launch human rights claim

We have reported on this site before regarding the ever more creative uses of article 8, but here is another example of the law gone mad, the costs being borne by the taxpayer and the stance taken by Strasbourg.

It is not uncommon for legal disputes to arise in terms of evicting gypsies from private property or public property, it is a perennial problem. What is however quite unusual is where gypsies are evicted from land owned by gypsy associations, and this is the scenario in this case.

The Buckland family of travellers had been evicted some 5 years ago, and having exhausted all possible appeals under general English law, they are now pursuing, at public expense, there human rights claim in the European Courts, seeking to rely not only on article 8 generally but other cases in the European Courts which indicate a positive obligation to assist the gypsy way of life in Europe.

On the facts of the case it is claimed that the Buckland family intimated all the other travellers on the site (no easy task) and at least one of them threatened another gypsy with a gun.

The quicker something is done about these kind of absurd cases the better. What do you think ?

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