Guest Posted 19 December 2010 Posted 19 December 2010 Obviously no one at the UKBA understands the law either as they are going to appeal against this decision . It seems to me that like so much in legal argument , simple phrases are open to many interpretations ( whether by accident or design ) http://www.metro.co....ibrahim-to-stay They understand the law perfectly; this is a case of balancing the rights of this man, with the rights of his family and the need to deport him. The UKBA need to find a better way of undermining the first two points if they want to successfully deport him. With regards to your earlier post about a British bill of rights, what do you think the HRA is? There is far too much crap written about the HRA in the popular press. Nobody complains about the HRA when it appears to work on their favour.
Zingari Posted 19 December 2010 Posted 19 December 2010 They understand the law perfectly; this is a case of balancing the rights of this man, with the rights of his family and the need to deport him. The UKBA need to find a better way of undermining the first two points if they want to successfully deport him. With regards to your earlier post about a British bill of rights, what do you think the HRA is? There is far too much crap written about the HRA in the popular press. Nobody complains about the HRA when it appears to work on their favour. I see what you mean ,and agree there is much crap written about the drawbacks of the HRA , and yes , it does have many merits . But as i said in an earlier post , I really cannot see how legal deportation can be viewed any differently to sending someone to jail in regards to its affect on family life For instance if someone with young children commits an offence punishable by life imprisonment ,( which would effectively end his family life ) . then i don't believe that having children would affect the sentence , so my point is therefore , why should it affect legal deportation procedures ? In both sets of circumstances the person has deliberately put them self in that position and in both circumstances the person's right to a family life should come second . It's something akin to the chutzpah of the old joke of the defendant who'd murdered his parents , asking for leniency because he was an orphan
Daggers Posted 19 December 2010 Posted 19 December 2010 I believe that there is nothing which can not be solved by applying Donoghue v Stevenson Do people like him? No they do not, just as no one likes ginger beer. Or snails. So we should send him to his country of origin along with everything ginger. Quod erat usus et fructus and all that. Job done.
Guest Posted 22 December 2010 Posted 22 December 2010 I see what you mean ,and agree there is much crap written about the drawbacks of the HRA , and yes , it does have many merits . But as i said in an earlier post , I really cannot see how legal deportation can be viewed any differently to sending someone to jail in regards to its affect on family life For instance if someone with young children commits an offence punishable by life imprisonment ,( which would effectively end his family life ) . then i don't believe that having children would affect the sentence , so my point is therefore , why should it affect legal deportation procedures ? In both sets of circumstances the person has deliberately put them self in that position and in both circumstances the person's right to a family life should come second . It's something akin to the chutzpah of the old joke of the defendant who'd murdered his parents , asking for leniency because he was an orphan This guy has already been punished for the crimes that he has committed. How does taking him away from his family then work? If he's to be deported, it should be for grounds that allow him to be deported and not just because he was involved in a tragic incident. I'm saying no more on the issue, as I don't really want to have to log in and/or read this forum any more than I have to. Here is an informative blog on the subject. Here is the judgment itself. Both self-explanatory.
Jon the Hat Posted 22 December 2010 Posted 22 December 2010 I am not clear why exactly anyone should think that deportation be connected with the concept of justice. The man committed a crime and was found guilty and served his sentence. As far I can see, a 4 month sentence suggests also that his driving was not found to be at fault otherwise this would have been a much longer sentence. The immigration issue should be completely seperate. And as a fundamental point, the UK government should not under any circumstances have the right to deport someone who has a British wife and British children.
Trav Le Bleu Posted 22 December 2010 Posted 22 December 2010 I am not clear why exactly anyone should think that deportation be connected with the concept of justice. The man committed a crime and was found guilty and served his sentence. As far I can see, a 4 month sentence suggests also that his driving was not found to be at fault otherwise this would have been a much longer sentence. The immigration issue should be completely seperate. And as a fundamental point, the UK government should not under any circumstances have the right to deport someone who has a British wife and British children. Even if it's a sham marriage? (Not saying this is - just throwing a hypothetical in there)
Jon the Hat Posted 22 December 2010 Posted 22 December 2010 Even if it's a sham marriage? (Not saying this is - just throwing a hypothetical in there) Not many sham marriages have children.
Daggers Posted 22 December 2010 Posted 22 December 2010 Not many sham marriages have FOUR children. *fixed*
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