HARKINS AND EDWARDS v. THE UNITED KINGDOM – 9146/07 [2012] ECHR 45 – Read judgment The European Court of Human Rights has found that there would be no breach of Article 3 ECHR (prohibition of inhuman and degrading treatment) in extraditing two men accused of murder to the US. The men argued that they face the death [...]
Archive for the ‘Immigration/Extradition’ Category
Extradition of murder accused to US not breach of human rights
Posted in Art. 3 | Torture / Inhumane Treatment, Case law, Criminal, Immigration/Extradition, International, Prisons, tagged Harkins and Edwards on January 19, 2012 | 1 Comment »
Suspected terrorist may not be deported to Jordan – Strasbourg rules
Posted in Art. 6 | Right to Fair Trial, Case summaries, Immigration/Extradition, In the news, Terrorism, tagged abu qatada on January 17, 2012 | 3 Comments »
Othman (Abu Qatada) v United Kingdom – read judgment | updated (7/2/2012): Abu Qatada is expected to be released from Long Lartin maximum security jail within days. the special immigration appeals commission (Siac) ruled on Monday that Qatada should be freed, despite the Home Office saying he continued to pose a risk to national security. Angus McCullough QC [...]
The ECJ on Aslyum, Greece; the UK Protocol on the EU Charter – Dr Cian Murphy
Posted in Art. 3 | Torture / Inhumane Treatment, Case comments, European, Immigration/Extradition, tagged asylum law, asylum seekers, EU Charter, refugee applications on December 28, 2011 |
Last Wednesday, the European Court of Justice issued a flurry of judgments just before the Christmas break. Indeed, there were so many interesting and important decisions amongst the twenty or so handed down that seems foolish to consider any of them the ‘most important’. Nonetheless the judgment in NS and Others v SSHD (C-411/10) must be a contender [...]
Lawful for Home Secretary to deport Palestinian activist accused of fostering hatred
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 8 | Right to Privacy/Family, Art. 9 | Thought/Conscience/Religion, Case summaries, Immigration/Extradition, Politics / Public Order, tagged Raed Saleh on November 6, 2011 | 1 Comment »
Raed Mahajna v Secretary of State for the Home Department IA/21/21631/2011 – Read Judgment 1 Crown Office Row’s Neil Sheldon appeared for the Secretary of State in this case. He is not the writer of this post. The First-Tier Tribunal (Asylum and Immigration Chamber), has upheld the decision of the Home Secretary to deport Raed [...]
Julian Assange loses High Court appeal against extradition
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Case summaries, Immigration/Extradition, tagged Julian Assange on November 2, 2011 | 7 Comments »
Julian Assange -v- Swedish Prosecution Authority – Read judgment / summary Julian Assange, founder of the whistle-blowing website Wikileaks, has lost his High Court appeal against extradition to Sweden. He lost on all four grounds of appeal. Unless he is granted permission to appeal to the Supreme Court under Section 32 of the Extradition Act [...]
Extradition review could improve European Arrest Warrants – Rebecca Shaeffer
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, European, Immigration/Extradition, In the news on October 22, 2011 | 2 Comments »
Adam Wagner’s October 19th post on Sir Scott Baker’s Extradition Review Panel report noted that the document “mostly backed the status quo,” calling attention to its rejection of proposed reforms to the “forum bar” rule, the US/UK Treaty, and the lack of a prima facie case requirement. While it’s true that the Report left much [...]
Extradition review backs status quo, leaves some completely baffled
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Criminal, Immigration/Extradition, In the news, tagged extradition review on October 19, 2011 |
A review of the UK’s extradition laws by a former Court of Appeal judge has found that existing arrangements between the UK and USA are balanced but the Home Secretary’s discretion to intervene in human rights cases should be removed. The review by Sir Scott Baker was commissioned shortly after the Coalition Government came to [...]
What the first #catgate appeal judgment actually says
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Immigration/Extradition, Media, Poor reporting, tagged #catgate on October 6, 2011 | 8 Comments »
Updated |I have been sent the first appeal judgment in the political frenzy which has been termed “Catgate”. I had promised myself not to do any more Catgate posts or use any more cute pictures of kittens, but I have now broken that promise. Having read the short, 6-page judgment dated 9 October 2008 by [...]
Cat had nothing to do with failure to deport man
Posted in Art. 8 | Right to Privacy/Family, Immigration/Extradition, In the news, Poor reporting on October 4, 2011 | 18 Comments »
Updated | Today the Home Secretary Theresa May gave a speech to the Conservative Party Conference in which she announced new immigration rules which would make it easier to deport foreign criminals. May also gave three examples in support of the view that the Human Rights Act “has to go”: We all know the stories [...]
Israeli Arab activist detention was (mostly) lawful
Posted in Art. 5 | Right to Liberty, Case summaries, Immigration/Extradition, Politics / Public Order, tagged Raed Salah Mahajna on October 2, 2011 | 3 Comments »
Mahajna v Secretary of State for the Home Department [2011] EWHC 2481 (Admin) (30 September 2011). Read judgment. 1 Crown Office Row’s Neil Sheldon appeared for the Secretary of State in this case. He is not the writer of this post. The High Court has ruled that detention of a Palestinian activist, whilst he [...]
When is family life family life? A look at deportation cases – Lourdes Peroni
Posted in Art. 8 | Right to Privacy/Family, Case law, European, Family, Immigration/Extradition, tagged Family life, human rights on September 27, 2011 |
In A.A. v. the United Kingdom, a recent case involving the deportation of a young Nigerian man, the Court faced, once again, the question whether relationships between adult children and parents/siblings amount to family life in deportation cases. The Court’s Fourth Section did not give a clear answer to this question. The 24-year-old applicant resided with [...]
Rape conviction carries little weight against right to family life, rules Strasbourg
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Case summaries, Criminal, Immigration/Extradition, In the news on September 21, 2011 |
A.A. v. THE UNITED KINGDOM – 8000/08 [2011] ECHR 1345 – Read judgment The Strasbourg Court has ruled unlawful the deportation of a Nigerian man convicted of rape. Considering the facts of his case afresh, the Court came to the conclusion that the 24 year old student’s right to family life would be violated if [...]
Telegraph wrong again on foreign deportation
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Immigration/Extradition, Media, Poor reporting on September 8, 2011 | 1 Comment »
In a recent speech about the August riots, the Prime Minister bemoaned the “twisting and misrepresenting of human rights”. Unfortunately, this practice is common in the press, sometimes by accident but often by design. One common accusation against the Human Rights Act is that it prevents the state deporting some foreign criminals. This is sometimes [...]
There’s no place like home… if you have one
Posted in Features, Immigration/Extradition, In the news, International, tagged statelessness on August 25, 2011 |
There are somewhere in the region on 12 million people worldwide who have no nationality. Being stateless can create enormous problems, from being unable to rely on diplomatic assistance to having no home country with an automatic right to return to. The risk to stateless of people of having their human rights breached to is great. [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
- Supreme Court judgment: Assange v Swedish Judicial Authority - Carl Gardner May 30, 2012
- Julian Assange's extradition stayed thanks to quick legal footwork | Joshua Rozenberg | Law | guardian.co.uk May 30, 2012
- New Judgment: Assange v The Swedish Judicial Authority [2012] UKSC 22 May 30, 2012
- What if Julian Assange loses in the Supreme Court? May 29, 2012
- Secret justice concessions won't silence its critics | The Spectator May 29, 2012
- ICLR's case summaries are now on Guardian Law | Daniel Hoadley | Law | guardian.co.uk May 29, 2012
- The High Court is unable to agree on Twitter Joke Trial appeal - David Allen Green May 28, 2012
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
- Case law
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
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UKHRB on Twitter
- #Assange loses SC appeal 5 votes to 2. Like to be #ECtHR application to block #extradition 4 hours ago
- #Assange Supreme Court decision imminent bbc.co.uk/news/uk-182594… #extradition 5 hours ago
- Also fresh on the blog- The Erika: Cour de Cassation has its thinking cap on by David Hart QC ukhumanrightsblog.com/2012/05/29/the… 5 hours ago
- Good morning all, @IsabelMcArdle here. Justive and Security Bill- the govt is not for turning by Angela Patrick ukhumanrightsblog.com/2012/05/29/jus… 5 hours ago
Adam Wagner on Twitter
- RT @simonmckay: Catt v Metropolitan Police. Important case on #protest and #dataretention. Would be surprised if it was not appealed:htt ... 54 minutes ago
- For anyone who hasn't read it > Justice & Security Bill: Government is not for turning - Angela Patrick of @justicehq: wp.me/pJiO3-3Gc 1 hour ago
- RT @CrowtherSimon: Excellent piece by @justicehq's Angela Patrick on Just& Sec Bill on @ukhumanrightsb ukhumanrightsblog.com/2012/05/29/jus… #secretj ... 1 hour ago
- RT @I_am_peevee: @AdamWagner1 @gideonconn "and excellent artist"... 1 hour ago
- My friend and brilliant musician @GideonConn has a brand new video: youtube.com/watch?v=tX-ZrZ… 1 hour ago
- Excellent from @joshuarozenerg on the potentially embarrassing mess surrounding the #Assange ruling is.gd/4Qs0h3 1 hour ago
- Recent posts
- The Erika: Cour de Cassation has its thinking cap on May 29, 2012 David Hart QC
- Justice and Security Bill: The Government is not for turning – Angela Patrick May 29, 2012 1 Crown Office Row
- We need to think about Kevin May 29, 2012 Rosalind English
- Key Justice and Security Bill resources May 29, 2012 Adam Wagner
- Free Speech at Work: A 1COR Seminar and Mock Trial – Wed 27th June May 29, 2012 1 Crown Office Row
- Time and time again: Article 6 to the rescue May 27, 2012 David Hart QC
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
Disclaimer
Are some rights to private life just not cricket?
Posted in Art. 8 | Right to Privacy/Family, Case comments, Immigration/Extradition, In the news, Poor reporting, tagged cricket, Express, immigration, Telegraph on January 9, 2012 | 18 Comments »
Mr Abdullah Manuwar and Secretary of State for the Home Department IA26/543/2010 – Read decision We have posted on this blog previously on some of the poor reporting of human rights cases. Alarm bells were ringing as the Sunday Telegraph reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in [...]
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