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jamiemartin721 Reading 14 Jun 17 5.36pm | |
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Originally posted by Cucking Funt
So change the law. Not sure it works that way. As the ruling states, the provision for a fair and impartial appeal (compared to their peers) is undermined by the act of deportation. As such, the act of deporting someone means they're less likely to be able to successfully appeal the decision, and as such its unlawful (prejudicial towards the individual right to appeal).
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jamiemartin721 Reading 14 Jun 17 5.38pm | |
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Originally posted by Hrolf The Ganger
Human rights have to apply to everyone of course but there is a critical point where emergency measures have to be considered. Not a human rights issue strictly speaking, whilst they appealed under the right to a family, the ruling of our own supreme court (a British Legal Court) is that deporting someone prior to their appeal undermines the judicial fairness of that appeal. Its the right to due and fair process, which long predates the human rights act.
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Stirlingsays 14 Jun 17 5.39pm | |
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Originally posted by pefwin
Not in UK law. That's just word play.
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jamiemartin721 Reading 14 Jun 17 5.42pm | |
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Originally posted by pefwin
Not in UK law. The right to be treated as any other person in court, without prejudicial treatment, and the right to fair and due process. That isn't something new in UK law, that underpins the very basis of UK law. Either you have to find a way to avoid the issues that would prejudice an appeal from someone who has been deported, or you have to allow them to remain in the UK pending the outcome of their appeal (to some degree). Its at the core of the English Justice system.
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