Dan Dare
04-11-2006, 04:36 AM
Does anyone else recall how patriotic nationalists were howled down by the leftie-liberal intelligentsia when they that the UK should not sign to the EU Convention on Human Rights legislation because that would allow activist judges to re-interpret and overrule the intentions of Parliament?
Here are two such cases in a single day, the beneficiaries of which are not even British.
Lesbian asylum seeker can stay with lover
An illegal immigrant has been allowed to remain in the country as removing her would breach her right to a family life with another woman. The Court of Appeal overturned an earlier ruling to deport Emine Krasniqi, 54, an Albanian from Serbia.
The appeal judges ruled deporting her would violate Article 8 of the Human Rights law which protects family life. Ms Krasniqi, of Birmingham, is now waiting for a ruling on partner Albana Lamaj's refugee status.
The pair live in Smethwick with Ms Lamaj's child from a previous relationship.
More… (http://news.bbc.co.uk/1/hi/england/west_midlands/4896906.stm)
And
Sham marriage law breaches rights
Tough government rules to prevent sham marriages discriminate against immigrants, the High Court has ruled. In a significant defeat for the government, Mr Justice Silber [sic] said the rules were unreasonable and breached human rights. Campaigners said the law was discriminatory because it effectively labelled some immigrants as fraudsters.
The judge gave leave to appeal - but the Home Office has partially suspended the rules while it considers its case.
However, Mr Justice Silber's "declaration of incompatibility" against the rules is the most severe defeat the courts can inflict on the government on human rights grounds.
It means ministers must return the law to parliament or take other steps to make sure it is fair.
…
The first of the three test cases involved a foreign national from outside Europe who wanted to marry someone from within the "European Economic Area" (EEA) who was legally living in the UK.
Mahmoud Baiai, an Algerian, and Izabella Trzcinska, from Poland, were refused permission to marry by the Home Office and they launched a legal challenge.
More … (http://news.bbc.co.uk/1/hi/uk/4894544.stm)
Here are two such cases in a single day, the beneficiaries of which are not even British.
Lesbian asylum seeker can stay with lover
An illegal immigrant has been allowed to remain in the country as removing her would breach her right to a family life with another woman. The Court of Appeal overturned an earlier ruling to deport Emine Krasniqi, 54, an Albanian from Serbia.
The appeal judges ruled deporting her would violate Article 8 of the Human Rights law which protects family life. Ms Krasniqi, of Birmingham, is now waiting for a ruling on partner Albana Lamaj's refugee status.
The pair live in Smethwick with Ms Lamaj's child from a previous relationship.
More… (http://news.bbc.co.uk/1/hi/england/west_midlands/4896906.stm)
And
Sham marriage law breaches rights
Tough government rules to prevent sham marriages discriminate against immigrants, the High Court has ruled. In a significant defeat for the government, Mr Justice Silber [sic] said the rules were unreasonable and breached human rights. Campaigners said the law was discriminatory because it effectively labelled some immigrants as fraudsters.
The judge gave leave to appeal - but the Home Office has partially suspended the rules while it considers its case.
However, Mr Justice Silber's "declaration of incompatibility" against the rules is the most severe defeat the courts can inflict on the government on human rights grounds.
It means ministers must return the law to parliament or take other steps to make sure it is fair.
…
The first of the three test cases involved a foreign national from outside Europe who wanted to marry someone from within the "European Economic Area" (EEA) who was legally living in the UK.
Mahmoud Baiai, an Algerian, and Izabella Trzcinska, from Poland, were refused permission to marry by the Home Office and they launched a legal challenge.
More … (http://news.bbc.co.uk/1/hi/uk/4894544.stm)