Monday, July 26, 2010

Bad laws

Doesn't seem to matter which political party is in power when they call for swift repatriation of illegal immigrants, for all their good intentions (seemingly) they founder on the rock of the legal system.


A Home Office policy allowing the speedy deportation of foreign nationals refused permission to remain in the UK has been declared unlawful.

A High Court judge ruled that the policy meant people were being given "little or no notice" of removal and deprived of access to justice.
There is a general Home Office practice of giving those facing deportation 72 hours notice of removal directions.
The legal challenge was triggered by an "exceptions policy", introduced by the Government in March 2007 and widened in January this year.
It created categories in which an individual could be given little or no notice.
The decision was a victory for Medical Justice, which provides independent medical and legal advice to detainees in immigration removal centres.
Dinah Rose QC, appearing in court for Medical Justice, said UK Border Agency officers had used the policy to swoop late at night and escort people to flights leaving only a few hours later.
Distressed individuals were deprived of the chance to speak to a lawyer and, if so advised, launch last-ditch challenges against removal.
Home Office lawyers argued at a hearing at London's High Court last month that the exceptions policy was "sufficiently flexible" to ensure there were no human rights breaches.
They said detainees were given as much notice as possible and safeguards had been put in place.
But Mr Justice Silber has now rejected the Home Office case.
He said the new policy failed to ensure that those who received reduced periods of notice were able to obtain legal advice before they were removed.
The judge declared: "The policy is unlawful and must be quashed."
The Home Office has said it is "disappointed" with the decision, and will be appealing it.
Now whilst in general I'm in favour of an open borders policy, with the proviso that those who come here get nothing until they have paid into the system for at least 4 to 5 years (housing, medical, unemployment etc.) until we do get such a system then anyone who turns up illegally gets thrown out immediately after 1 appeal. We can set skill levels and job vacancies for legal immigrants (assuming we leave the EU) but you turn up expecting a meal ticket and free house then sorry no, go back to where you came from or France whichever is closest. Personally I'm of the opinion that until the system is totally shaken up you cannot get an entry visa to the UK in the UK nor be able to claim asylum in the UK, it has to be done in the country you come from or the next one along, no entry visa = no entry and off on the next plane home. Until the law is changed however you get situations like the above where do-gooders try to play the system to keep their pets in the country and supposedly safe from harm. The country is full, there aren't enough jobs to go around and those of us who pay tax are getting a little tired of supporting those who have contributed nothing to the UK.
It's time to end this human rights farce, leave the EU and repudiate any U.N treaties on refugees that allow lawyers to block deportation. Charity begins at home, not with asylum seekers no matter how endangered they are, though I'm prepared to make exceptions for those with valuable skills.


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