Britain cannot deport dangerous immigrant criminals say EU judges – Daily Telegraph

Posted June 28th, 2011 in asylum, deportation, human rights, news by sally

“Undesirable or dangerous immigrants who may face ill-treatment at home cannot be deported, no matter how bad their crimes in Britain, human rights judges have ruled.”

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Daily Telegraph, 28th June 2011

Source: www.telegraph.co.uk

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same – WLR Daily

Posted June 24th, 2011 in appeals, deportation, human rights, immigration, law reports by sally

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same [2011] EWCA Civ 704; [2011] WLR (D) 206

“In national security deportation and exclusion cases before the Special Immigration Appeals Commission foreign nationals were entitled to the standard of procedural fairness contained in the Special Immigration Appeals Commission (Procedure) Rules 2003, neither more nor less.”

WLR Daily, 21st June 2011

Source: www.iclr.co.uk

Squatters should not be occupying legal aid arguments – The Guardian

“The biggest winding back of access to justice in the legal aid system’s history is not getting the attention it deserves.”

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The Guardian, 22nd June 2011

Source: www.guardian.co.uk

Call for overhaul of UK extradition rules – BBC News

Posted June 22nd, 2011 in extradition, foreign jurisdictions, human rights, news by sally

“The UK’s extradition arrangements with the US and the EU must be overhauled to better protect rights of individuals, a committee of MPs and peers is arguing.”

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BBC News, 22nd June 2011

Source: www.bbc.co.uk

Gurkhas take pension battle to ECHR – The Independent

Posted June 21st, 2011 in armed forces, Gurkhas, human rights, news, pensions by sally

“British Gurkhas are taking their battle for equal pension rights to the European Court of Human Rights, it was announced today.”

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The Independent, 20th June 2011

Source: www.independent.co.uk

Miguel v State of Trinidad and Tobago – WLR Daily

Miguel v State of Trinidad and Tobago [2011] UKPC 14; [2011] WLR (D) 198

“A constitutional provision which exempted both existing laws and enactments which altered existing laws from its protection did not extend to an enactment which altered a law that had existed before the Constitution came into force but had since been abolished. It followed that a mandatory sentence of death for a murder conviction in Trinidad and Tobago under the ‘arrestable offence murder’ rule in section 2A of the Criminal Law Act, based on an earlier-abolished ‘felony murder’ rule, was outside the exemption and so unconstitutional.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministers ready to block foreign criminals using family rights to dodge justice – Daily Telegraph

Posted June 20th, 2011 in deportation, human rights, news, parental rights by sally

“A number of senior ministers are ready to back calls for changes in the law which could prevent foreign criminals from claiming the right to a family life to avoid being deported, it can be revealed.”

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Daily Telegraph, 19th June 2011

Source: www.telegraph.co.uk

Court of appeal to consider gastric bypass operation case – The Guardian

Posted June 20th, 2011 in human rights, medical treatment, news, obesity by sally

“The Human Rights Act will become a major legal weapon for thousands of people denied drugs and surgery on the NHS if a landmark judgment rules that an obese man is entitled to a gastric bypass paid for by the taxpayer.”

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The Guardian, 19th June 2011

Source: www.guardian.co.uk

Human rights of elderly ‘overlooked’ by home care – The Independent

Posted June 20th, 2011 in care workers, elderly, human rights, news by sally

“The basic human rights of older people being given care at home are being overlooked, with some left in bed for 17 hours between visits, according to a new report today.”

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The Independent, 20th June 2011

Source: www.independent.co.uk

Locking autistic man in padded room ruled illegal – The Independent

Posted June 17th, 2011 in autism, detention, human rights, learning difficulties, news by sally

“The Court of Protection has ruled that an 18-year-old man with autism and severe learning disabilities who was regularly placed in a padded seclusion room more than six times a day was unlawfully deprived of his liberty.”

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The Independent, 17th June 2011

Source: www.independent.co.uk

We need to control the spread of human rights, Supreme Court judge says – Daily Telegraph

Posted June 17th, 2011 in human rights, news by sally

“The growing use of the Human Rights Act across all parts of society should be controlled or it will increasingly be opposed by Government and MPs, a senior judge has said.”

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Daily Telegraph, 16th June 2011

Source: www.telegraph.co.uk

BG v Secretary of State for the Home Department – WLR Daily

Posted June 16th, 2011 in appeals, control orders, human rights, law reports by sally

BG v Secretary of State for the Home Department [2011] EWHC 1478 (Admin); [2011] WLR (D) 192

“On an appeal under section 10(1)(4) of the Prevention of Terrorism Act 2005 against the renewal of a non-derogating control order, it was not part of the court’s task to determine whether the earlier decision under section 2(1)(a) to make the original control order had been or was now flawed. Evidence sought to be adduced for that purpose was not admissible.”

WLR Daily, 13th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal aid cuts will stop cases like Trafigura, UN official warns – The Guardian

Posted June 16th, 2011 in fees, human rights, legal aid, news, United Nations by sally

“A senior UN official has warned the government that cuts to legal aid and changes to lawyers’ fees will prevent claims, such as those in the Trafigura case, being brought against multinational businesses.”

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The Guardian, 16th June 2011

Source: www.guardian.co.uk

Safeguards needed for random stop-and-search powers, committee says – The Guardian

Posted June 15th, 2011 in crime prevention, human rights, news, police, stop and search, terrorism by sally

“Peers and MPs have warned the home secretary, Theresa May, that extra safeguards for new random counter-terror stop-and-search powers are needed in order to prevent further human rights breaches.”

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The Guardian, 15th June 2011

Source: www.guardian.co.uk

Ban male circumcision? No, scientific evidence of harm is not strong enough – The Guardian

“Supporters of a ban are making a flawed equivalency: male circumcision is not the same practice as female genital mutilation.”

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The Guardian, 15th June 2011

Source: www.guardian.co.uk

In re E (Children)(Abduction: Custody Rights) – WLR Daily

Posted June 15th, 2011 in child abduction, custody, human rights, law reports by sally

In re E (Children)(Abduction: Custody Rights) [2011] UKSC 27; [2011] WLR (D) 191

“The application of article 13b of the Hague Convention on the Civil Aspects of International Child Abduction (1980) required that the best interests of the child concerned was a primary consideration for the court requested to return an abducted child and, consequently, there was no conflict between the Hague Convention and the United Nations Convention on the Rights of the Child and no obvious conflict with the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 10th June 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Human rights warning over school discipline plans – BBC News

“Wide-ranging new powers for teachers to search pupils and delete photos from their phones may fall foul of human rights laws, MPs and peers have warned.”

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BBC News, 14th June 2011

Source: www.bbc.co.uk

15 years for sex offenders review – The Independent

Posted June 14th, 2011 in criminal records, human rights, news, sexual offences by sally

“Paedophiles and rapists who want to be removed from the sex offenders register will have to wait 15 years before they can apply for a review, the Home Office has said.”

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The Independent, 14th June 2011

Source: www.independent.co.uk

Sex offender register plan to be revealed – The Independent

Posted June 14th, 2011 in appeals, criminal records, human rights, news, sexual offences by sally

“Home Secretary Theresa May will outline plans to close loopholes in the sex offenders register today.”

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The Independent, 14th June 2011

Source: www.independent.co.uk

‘Neighbours from hell’ claim eviction breached their human rights – Daily Telegraph

Posted June 13th, 2011 in housing, human rights, news, noise, threatening behaviour by tracey

“Paul and Amanda Wilkes and their two children were finally thrown out of their home after 57 allegations of anti-social behaviour in just five months. But they have secured legal aid to take Blackpool council to the European Court of Human Rights – despite admitting ‘we’re no angels.’ ”

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Daily Telegraph, 11th June 2011

Source: www.telegraph.co.uk