Humiliating Defeat For Theresa May In Supreme Court Appeal

Humiliating Defeat For Theresa May In Supreme Court Appeal

Home Secretary, Theresa May, lost her landmark Supreme Court appeal today in the case of a former Iraqi refugee granted British nationality and who was later stripped of his citizenship which he said left him stateless.

The decision paves the way for Hilal Abdul Razzaq Ali Al-Jedda, who was once held as a terrorist suspect, to return to the UK from Turkey where he currently lives with his family. In a humiliating verdict the five justices said that if Mrs May’s had paid more attention to her own guidance she would have realised the “fallacy” of her appeal.

It is the first case on the issue of deprivation of nationality to reach the Supreme Court and legal experts believe it will be important in the context of the prevention of statelessness.
Read more: Paul Gallagher, Indpendent, 10/10/13

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Deportation of Foreign Criminals

New immigration rules are a “Complete code”
In what circumstances can a foreign criminal resist deportation on the basis of his right to family life under Article 8 of the Convention? Until 2012 this question was governed entirely by judge-made case law. Then rules 398, 399 and 399A were introduced into the Immigration Rules HC 395.

The rules introduced for the first time a set of criteria by reference to which the impact of Article 8 in criminal deportation cases was to be assessed. The intention of the legislature in introducing these rules was to state how the balance should be struck between the public interest and the individual right to family life:

a decision taken in accordance with the Rules will, other than in exceptional cases, [is] compatible with Article 8.

Å the new Rules reflect the Government’s view – which Parliament will be invited to endorse – of how the balance should be struck between individual rights under A8 and the public interests in safeguarding the UK’s economic well-being in controlling immigration and in protecting the public from foreign criminals. (Home Office Statement, 13 June 2012)

In the context of deportation of foreign criminals, the new rules set out thresholds of criminality (by reference to length of terms of imprisonment) so that the Article 8 private life claims brought by foreign criminals can only succeed if they not only have certain periods of residence but can also show their criminality has fallen below these thresholds – unless there are “exceptional circumstances”.
This appeal raises important questions as to the proper interpretation of the new rules, and in particular, how these “exceptional circumstances” may be assessed.
Read more: Rosalind English, UK Human Rights Blog, 09/10/13

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“Go Home or Face Arrest” Campaign

House of Commons / 9 Oct 2013 : Column 118WH

Pete Wishart (Perth and North Perthshire) (SNP): I want people to imagine a situation and just think about it for a minute-a van pulls a billboard through the streets, telling illegal immigrants to “Go home or face arrest”. Just imagine it, and picture it. This is not 1940s occupied Europe; it is not even one of those National Front campaigns from the 1970s. This is the United Kingdom in 2013, where a van pulls a billboard through the streets of London telling people to “Go home or face arrest”. Just in case people did not quite get it, what else was on that poster? It was a huge set of handcuffs. And just to make it even more provocative, this van was trailed through some of the most racially diverse and multicultural parts of London. That was almost as stupid as it was grotesque. [106 arrests during the operation]

What sort of response did that action get? Well, I do not think that I have seen a Government campaign that has been so roundly condemned. I could not even start to read out the lists of organisations, individuals and groups that were overwhelmingly opposed to it. Suffice to say that it managed to create a coalition of everybody from the Deputy Prime Minister to Nigel Farage, with the Business Secretary flung in for good measure, with his acerbic comment that it was “stupid and offensive”. As I say, this particular campaign united everybody from the Deputy Prime Minister to Nigel Farage, such was the opposition to it.
Read the full debate here . . . .

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Persecution of Christians in the Middle East
Lord Patten to ask Her Majesty’s Government what plans they have to discuss at the United Nations the persecution of Christians in Egypt, Iran, Iraq and Syria.

Baroness Warsi: The persecution of Christians, indeed of all people on the basis of their faith or belief, is deeply troubling and we are committed to combating this wherever it happens. During the United Nations General Assembly Ministerial Week at the end of September I convened a meeting of international leaders to discuss what more politicians in particular can do to promote freedom of religion or belief and fight religious intolerance within our societies. I am determined to build strong collective leadership to tackle the rising tide of religious intolerance which affects Christians, amongst others, in many countries.

On 9 September at the UN Human Rights Council we raised our concerns about the recent events in Egypt, including the increased sectarian violence. We have also lobbied in support of UN General Assembly resolutions on the human rights situation in Iran, which have covered the persecution of religious minorities including Christians, and will continue to do so. We will continue to monitor the state of religious freedom in these countries, and in Iraq and Syria and will respond either bilaterally or with other international partners-whichever we judge will be most effective in each case. With EU partners we will also table a resolution at the UN this autumn which stresses the importance of promoting and protecting the right to freedom of religion or belief worldwide.
House of Lords / 9 Oct 2013 : Column WA31

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Austerity Measures Weaken Human Rights Protection In Spain
“Cuts in social, health and educational budgets have led to a worrying growth of family poverty in Spain. This has had a particularly negative impact on the enjoyment of human rights by children and persons with disabilities. The Spanish authorities should do more to ensure that the human rights of vulnerable groups are better respected in the context of austerity measures”, said today Nils Mui?nieks, Council of Europe Commissioner for Human Rights, releasing a report on his visit to Spain carried out on 3-7 June 2013.
“The growing child poverty, malnutrition and inadequate housing are issues of serious concern because of their potentially devastating long-term impact on children and the country. The Spanish authorities must implement effective strategies to solve these poverty-related problems and increase the protection of socio-economic rights”. The Commissioner stresses that a systematic assessment of the impact that austerity measures have on children and other vulnerable social groups, in close co-operation with civil society and the national and regional ombudsmen, is a particularly important step to this end. He also recommends accession by Spain to the revised European Social Charter and its mechanism of collective complaints.
Nils Muiznieks, Commissioner for Human Rights, 09/10/13

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About truelabour

Investigative Journalist/Researcher for major media. Exposing the truth and police corruption with in UK police service.Certain forces say their motto is Honesty & Integrity One must ask is it lip service or genuinely meant. CO-OP Labour Party member questioning is the party standing for working class of Britain. Trade Union Activist & promoting diversity,community cohesion within multicultural Britain. Anti fascist speaks out against all foams of discrimination.
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One Response to Humiliating Defeat For Theresa May In Supreme Court Appeal

  1. Pingback: ‘British soldiers tortured British citizen in Iraq’ | Dear Kitty. Some blog

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