To all those that welcome/encourage the small boat migrants.

Status
Not open for further replies.
You asked how are they making in it work in the EU/Turkey deal. The answer seems to be they aren’t. I provided you with a link.

The swerve would be to refer to a deal not governed by the HRA.

Your quote without source, is sufficient to determine that it is obviously relevant.

A reminder of what I actually said.


The human rights act is clear. I provided you with a link.

I anticipate claims a coming.

OMG!! You are impossible. Swervy McSwervy. I can see why your discussions go on for hundred of pages,

You must understand that the HRA is based on applying the ECHR. You must understand that a claim can only be brought under the HRA if one of the ECHR articles is relevant. This is from your link:

No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
 
You asked how are they making in it work in the EU/Turkey deal. The answer seems to be they aren’t. I provided you with a link.

More made up nonsense. There have been several legal challenges made by people deported back to Turkey under the deal. But none on the basis you claim. Because it doesn't apply. You don't seem to be able to follow and apply the law.
 
Last edited:
OMG!! You are impossible. Swervy McSwervy. I can see why your discussions go on for hundred of pages,

You must understand that the HRA is based on applying the ECHR. You must understand that a claim can only be brought under the HRA if one of the ECHR articles is relevant. This is from your link:
You do understand, they have already arrived.?

They cannot be immediately detained and returned if they make any attempt to claim asylum or state they are under 18.

They aren’t applying to be sent to France.
More made up nonsense. There have been several legal challenges made by people deported back to Turkey under the deal. But none on the basis you claim. Because it doesn't apply. You don't seem to be able to follow and apply the law.
It’s not my claim. It’s from the source.
The scheme doesn’t appear to have allowed returns, but has allowed many more to be accepted.
 
It’s not my claim. It’s from the source.
The scheme doesn’t appear to have allowed returns, but has allowed many more to be accepted.

It is a one for one deal. The reason there have only been 32,000 cases is because the deal has been such a successful deterrent. In the year before the deal, more than three quarters of a million refugees went from Turkey To Greece. In the year after it was about 10,000.
 
It is a one for one deal. The reason there have only been 32,000 cases is because the deal has been such a successful deterrent. In the year before the deal, more than three quarters of a million refugees went from Turkey To Greece. In the year after it was about 10,000.
32,000 in, only a few thousand out. According to the article.
 
You do understand, they have already arrived.?

They aren’t applying to be sent to France.

Utterly irrelevant. What is the point you are making, You seem obsessed with trying to shoe horn the Human Rights Act in to every situation. But you don't seem to understand the basics of how it works. Just talk me through in simple words how you think Article 5 ECHR might prevent the deportation of asylum seekers.
 
Utterly irrelevant. What is the point you are making, You seem obsessed with trying to shoe horn the Human Rights Act in to every situation. But you don't seem to understand the basics of how it works. Just talk me through simply how you think Article 5 ECHR might prevent the deportation of asylum seekers.
Read article 4. It’s clear. (The new treaty)
 
You mean this article 4:
No the new treaty. See post 1160 for a link. Article 4(1) sets out the obligation for France to readmit people where certain criteria are met, including:

d. the United Kingdom confirms that at the time of their transfer they will be a person who has either not made a protection claim (including someone who has withdrawn their protection claim) or a person whose protection claim has been declared inadmissible in accordance with domestic law of the United Kingdom;

e. the United Kingdom confirms that at the time of their transfer that person will not have an outstanding human rights claim (which shall include a Third Country National with a human rights claim that has been certified under United Kingdom law as clearly unfounded);

f. the United Kingdom confirms that at the time of their transfer that person will have no outstanding suspensive judicial remedies; and

g. the United Kingdom confirms that at the time of their transfer that person will have no extant injunction or court order the terms of which prohibit that person’s transfer from the United Kingdom.
The readmission obligation on France will not apply where certain provisions apply, including:
b. shall not apply if the individual is considered by the United Kingdom to be a pre-existing threat to public order or national security of the United Kingdom;

c. shall not apply if the Third-Country National was known to have arrived in the United Kingdom more than 14 calendar days prior to the date of the readmission request;

d. shall not apply to unaccompanied minors;

e. may not apply if the transfer happens after the duration of the process foreseen in Article 1, paragraph 1, notwithstanding the possibility of France nonetheless agreeing to the transfer;
See the problems?
 
See the problems?

No. Just walk me through how you think this new treaty is going to lead to claims under Article 5 ECHR.

Is this all your own thinking. Is there an article you can link to which explains it.
 
d and e, Anyone claiming asylum is not eligible for return.
c, arrived less than 14 days ago.

That gives a person the ability to claim asylum at the moment they are about to be told they are being sent back and the U.K. has almost no time to assess the claim.

I think we may find it difficult to find 50 a week who are eligible
 
Status
Not open for further replies.
Back
Top