Friday, October 14, 2011

Legal sense vs common sense

One of the biggest problems with the intricasies of the  human rights act and its implementation into our laws as introduced to give Tony Blairs Mrs a nice little earner is that it only looks at individual rights, that is the rights of the the person bringing a case where they claim to have had their rights breached. It isn't there to protect the majority, it's there to protect individuals, often criminal individuals or rule breakers and often their rights are deemed equal to everyone else. That's why you get cases like this, which puts a bogus student who lied that he could speak English and admitted buying a fake language proficiency certificates human rights ahead of common sense. Not that the common sense approach has been helped by the Border Agencies (via Parliaments) own rules.
A bogus student who lied that he could speak English and admitted buying a fake language proficiency certificate can stay in Britain, immigration judges have ruled.
Even though Abbas Khaliq was ‘untruthful’ and ‘not a credible witness’, and had failed to mention that his brother was an illegal immigrant here, the reluctant judges said he had broken no rules.
So despite being caught red-handed on arrival from Pakistan at Gatwick airport, he is welcome to stay here.
It emerged during the case that since a British college had given Khaliq the go-ahead to study here, and there was no physical evidence he had lied while obtaining his student visa in Pakistan, the immigration officer who caught him out at Gatwick had no powers to ban him from entry.
Embarrassingly, while the immigration judges said they had ‘no enthusiasm’ for allowing the bogus student to stay, they claimed they had no choice – because of the rules set by the very body established to keep illegal immigrants out, the UK Border agency.
OK, so attempted fraud is no reason for him to be deported and the Border Agency rules are so lax as to allow this as a reason for him to stay...
Once again someone who shouldn't be here, who lied to get here is using the HRA through the courts to make a mockery of what ought to have been an obvious solution to the situation, it's not as if the guy is a citizen either and he should have been deported college acceptance or not, assuming he just doesn't vanish anyway.
The HRA needs to be scrapped or amended to take into account the rights of the majority to live their lives here without having to pick up the legal costs of any Tom, Dick or Achmed who lies to come and study here and who gets caught lying too.
‘Changes have since been made, but they do not affect this appeal.’
So that's ok then, we'll just let the lying scumbag with limited English and a penchant for obtaining fraudulent documents stay.

2 annotations:

Captain Haddock said...

"OK, so attempted fraud is no reason for him to be deported ... "

I strongly disagree QM ..

Fraud or attempted fraud are extremely good reasons for deportation .. we have sufficient home-grown fraudsters and scroungers, without importing more ..

The man should be deported immediately, as a warning to anyone else contemplating fraudulent entry into the UK ..

Quiet_Man said...

I was attempting to be ironic, as far as I'm concerned if you attempt to defraud the country to come here, you go home straight away and you end up on a banned list.