Which Party Will Put An End To These Lax Human Rights Laws?

[anotheoldgit]

http://www.telegraph.co.uk/news/uknews/immigration/11565686/Foreign-criminal-can-stay-in-Britain-because-he-is-an-alcoholic.html

In the meantime why can't this persistent law breaker be incarcerated in an alcohol free establishment until such times when his alcohol dependency is cured, so that he can then be sent back to Libya?

[Gladeian]

High time that appeals against deportation were taken away from the judiciary and left solely to the Home Office, whose prerogative it should be to be the sole arbiter.
Months and thousands of pounds paid to dodgy lawyers wasted by the likes of this foreign criminal for whom we really have no responsibilty. We elect the government, the government directs Home Office policy. Lets leave it at that and get rid of these foreign chancers without further ado.

[Jackdaw33]

I am amazed at the number of muslims who, when it looks like they will be deported from the land of milk and honey, suddenly find themselves gay or alcoholic.

[New Judge]

But the very trouble with that approach, Gladeian is that it contravenes the ECHR and the HRA. Home Office officials (and the Home Secretary) do not form a "properly convened tribunal" and cannot take what are judicial decisions. It was previously up to the Home Secretary to decide whether or not to release those serving "Life" sentences (and indeed to commute a death penalty). It was previously up to prison governors to decide whether "loss of remission" could be imposed for bad behaviour. Both those approaches (and this one in question) are illegal because the Home Secretary and the prison governor are not "properly convened tribunals". They will remain so whilst the UK continues as signatories to the ECHR and whilst our own HRA is in force.

[Gladeian]

NJ thank you for that reasoned answer. Is it possible that the decisions could be deemed "not judicial" and only executive, thereby overcoming the barriers that exist?

[New Judge]

I expect an attempt to make such matters subject to "executive" decsions would fail. They impinge on people's lives and the deliberately vague ECHR wording makes virtually any decision made by any government body challengable.

[sp1814]

As reported*, this sounds utterly ridiculous.

First of all - if you fear punishment in Libya, stop breaking the law...full stop.

Secondly, if you continue to break the law, then Libya is the perfect place for an alcoholic to go...seeing the sale of alcohol is illegal there...you should find it pretty easy to avoid buying six packs of Tennant Super.

(*I'm putting that caveat in, because I think we all remember that story about the illegal immigrant who was allowed to stay because he had a cat...which transpired to be a media-generated piece of nonsense).

[sp1814]

Jackdaw33

In fairness...has there been a flurry of such cases???

I know of cases where asylum seekers have claimed to be gay upon entering Britain, but not when they're about to be deported.

Maybe one or two, but not any significant numbers.

And this is certainly the first time that alcoholism has been put forward as a reason to remain the in the UK.

Unless you have any other links?

[sp1814]

And AOG...minor point, but these Human Rights laws aren't 'lax'. They are the opposite.

If there were lax, then this chap wouldn't have a hope in hell of staying in the UK.

[sandyRoe]

The judges haven't fully thought this out. How could he drink in Libya if alcohol is banned there?

[ummmm]

//Belal Ballali, a British-Libyan researcher, told judges that “commercially produced alcohol is widely available in Tripoli” and “cheaply made ‘moonshine’ is readily available … outside the capital”, according to court papers.//

[sandyRoe]

If the prohibition of alcohol is more honoured in the breech than the observance what has he to fear? I think his right to a family life would have carried more weight with the courts than his taste for the grog.

[Gromit]

No Party will withdraw our signature from the Convention on Human Rights. As a leading world nation it would be deeply embarrassing to do so.

[New Judge]

And so this nonsense (which has little or nothing to do with "Human Rights" at all) will go on.