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Theresa May to bring in new Law to end human rights farce.

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Theresa May to bring in new Law to end human rights farce.

Post  Panda on Sun 17 Feb - 9:51

Theresa May: I’ll bring in new law to end human rights farce

A new law to stop foreign criminals avoiding deportation by having their
claims to the human right to a “family life” backed by courts is to be made, in
a victory for The Sunday Telegraph.

Mrs May's decision to up the
stakes represents full victory for The Sunday Telegraph's 'End the Human Rights
Farce' campaign Photo:

By Patrick Hennessy, Political

9:00PM GMT 16 Feb 2013


Theresa May, the Home Secretary, is to legislate after judges ignored moves
taken last year to change the current regime which sees scores of dangerous
offenders allowed to stay in Britain every year.

Mrs May said the actions of some immigration judges were “not acceptable” and
said their hands would now be forced by the planned new law. Judges were
“denying the democratic and legal validity” of ministers’ moves to end the abuse
of the system, the Home Secretary added.

A new Immigration Bill will be published later this year to give full legal
weight to ministers’ demands that foreign criminals should not routinely be able
to dodge deportation by citing Article 8 of the European Convention of Human

This permits a right to a family life as a potential barrier to removal - but
ministers and MPs believe this must be balanced with the need to protect the
public and control immigration.

The new law will spell out that Article 8 allows deportations to prevent
“disorder or crime”, meaning judges will be forced to take that into account
when considering appeals by criminals.

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Mrs May’s decision to up the stakes represents full victory for The Sunday
“End the Human Rights Farce” campaign - launched in 2011 after
complaints that British judges were setting too much store by the right to a
family life.

The planned new law -- which could also contain new restrictions on migrants
coming to Britain from countries including Romania and Bulgaria - will please
Conservative MPs eager for some “red meat” policy proposals and for ministers to
boost parliamentary sovereignty.

The timing of Mrs May’s announcement - in the middle of the Eastleigh
by-election campaign which is being closely fought by the two coalition parties
- will increase the pressure on the Liberal Democrats ahead of a parliamentary

Nick Clegg, the Deputy Prime Minister, is poised to make a major speech in
which he will address voters’ views that his party is soft on immigration and
outline plans for a tougher stance in the run up to the next general election in

A Tory source said: “If Nick Clegg is serious about changing his policy on
immigration and appearing tougher, here is his first big test.”

Last summer the Home Secretary changed immigration rules in an effort to make
clear that foreign criminals should be deported - despite claiming the right to
a family life in Britain - if they were serious or persistent offenders.

The new rules were backed unanimously by the House of Commons - but do not
carry the full weight of law and because of this are routinely ignored by judges
on the Immigration Tribunal, which hears the majority of appeals.

In 2011-12, 1,888 appeals were lodged against deportation of which 409 were
allowed. Of these nearly half, 185, were allowed on the basis of Article 8.

Mrs May said: “The European Convention on Human Rights is clear - there is a
right to a family life, but that right should be balanced with the wider public
interest in controlling immigration and protecting the public. That’s why we
introduced new immigration rules last year.

“Those rules were debated in full and passed unanimously by the House of
Commons. So it is not acceptable that some immigration judges are denying the
democratic and legal validity of them.

“I said at the time that if the courts did not heed the changes to the rules,
I would introduce primary legislation to force them to do so. That is exactly
what I now intend to do.

“I am determined that Article Eight must not stop us deporting dangerous
foreign criminals.”

Criminals who lose their cases in Britain will however still be able to
appeal to the European Court of Human Rights in Strasbourg.

Home Office sources said that until the new law came into force, the
Government would continue to fight cases in the courts and to defend its
decisions on the basis of last year’s rule changes.

Even before Mrs May’s new guidance came into force last July, senior judges
appeared to undermine it in their ruling on a landmark case.

Mr Justice Blake, the president of the Immigration and Asylum Chamber, said
as he upheld the case of Shabaz Masah, a Pakistani drug dealer who lives in
north London, that a “settled migrant” could not be removed from Britain unless
there were “very serious reasons to do so”.

Many of the cases highlighted by the “End the Human Rights Farce” campaign
have shown how foreign criminals can strengthen their case to remain by having a
child or a partner here.

The courts continued to show their reluctance to abide by Mrs May’s new rules
even after they came into force.

In October last year a Romanian woman jailed for her role in a multi million
pound benefits fraud was allowed to stay in Britain because of her human rights.

Lavinia Olmazu helped a gang funnel £2.9 million in false benefits claims to
172 Romanian gipsies but because she has a son who lives in this country she
successfully claimed Article 8.

Andrew Jordan, the senior judge who upheld an earlier ruling on Olmazu, from
London, said judges “inevitably” had room for manoeuvre when deciding a case -
something the new immigration rules had sought to stop.









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