An Indian woman living in Leicester is bringing a case in the High Court to argue that her rights under Article 8 of the European Convention on Human Rights are being violated.
This is because her husband and 6 children, in India, want to live with her in the UK.
Art. 8 states: "1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedom of others."
It was forcefully argued on BBC Radio 4 Today that Article 8 should not be stretched and that judges are both unelected and unaccountable.
The European Court of Human Rights determined on 28 May 1985 that men should be allowed to live in Britain through marriage.
The law was modified last November to require the men to be able to speak English. That is what this case is all about. Because the husband doesn't.
Normal practice is that it is up to Consular Officials only as to whether a visa is issued.
Judges in Britain argue that they are involved in these issues because Parliament wants them to be.
A caller to the Jeremy Vine Show pointed out that David Cameron promised in his 2010 election manifesto to stop human rights law from intervening in immigration cases.
Surely there is a good case for a judge citing Article 8 as a reason why no foreign men can use marriage as a means for being allowed to live and work in the UK.
There is nothing to prevent that woman from living in India. (Though you[?] and I cannot.)
Thursday, 28 July 2011
Wednesday, 27 July 2011
Common Currency
John Humphrys (BBC Radio 4 Today) and Jeremy Vine (BBC Radio 2 Jeremy Vine Show) have today both described the Norwegian gunman as a "madman".
A murderer, yes; but a madman, no.
He wants to prevent his country from being occupied by foreigners. That's not mad.
In January 1983 the British Parliament voted to allow foreign men to occupy the UK through marriage.
Mrs. Thatcher's Government thereby reneged on its 1979 election promise to end that concession. A Conservative Member of Parliament, Ivor Stanbrook, who voted against the measure, described it as "insane".
(Mrs. Thatcher killed people: 255 British servicemen died in the 1982 Falkands Conflict, not to mention Argentinians and 3 British women - all because of the occupation of territory.)
If prominent public figures (JH & JV) categorically state something it becomes common currency.
A murderer, yes; but a madman, no.
He wants to prevent his country from being occupied by foreigners. That's not mad.
In January 1983 the British Parliament voted to allow foreign men to occupy the UK through marriage.
Mrs. Thatcher's Government thereby reneged on its 1979 election promise to end that concession. A Conservative Member of Parliament, Ivor Stanbrook, who voted against the measure, described it as "insane".
(Mrs. Thatcher killed people: 255 British servicemen died in the 1982 Falkands Conflict, not to mention Argentinians and 3 British women - all because of the occupation of territory.)
If prominent public figures (JH & JV) categorically state something it becomes common currency.
Sunday, 12 June 2011
Criminal Activity (2)
Last Friday (9 June) Sky 3's UK Border Force featured an Australian who was refused entry at Heathrow and forced to return to Australia. Immigration officers were suspicious that he wanted to work because he had "only" £1,500.
He has a wife in Oz, so there could have been no suspicion that he wanted to acquire permanent residence through marriage.
One can only conclude that the reason for the cruel and inhuman treatment we witnessed was that politicians impose quotas to impress voters.
He has a wife in Oz, so there could have been no suspicion that he wanted to acquire permanent residence through marriage.
One can only conclude that the reason for the cruel and inhuman treatment we witnessed was that politicians impose quotas to impress voters.
Criminal Activity
Foreign criminals cannot be deported if they have family in the UK. (BBC Radio 4 News.) This is because, it is said, of the European Convention on Human Rights.
But there is nothing in the Convention about immigration control; and the specific reason for setting up the Council of Europe was to prevent the excesses of the Second World War from happening again. So the very last thing it should do is enable people from non-member states to occupy member states.
Quite the contrary, in addition to there being laws galore in this area there is ample normative scope - see, eg, my blog of 17 April - for the judiciary (in light of current tensions with the legislature) to at long last "End the concession to foreign husbands and male fiances" - as promised by Mrs Thatcher in her manifesto at the time of the 1979 General Election.
But there is nothing in the Convention about immigration control; and the specific reason for setting up the Council of Europe was to prevent the excesses of the Second World War from happening again. So the very last thing it should do is enable people from non-member states to occupy member states.
Quite the contrary, in addition to there being laws galore in this area there is ample normative scope - see, eg, my blog of 17 April - for the judiciary (in light of current tensions with the legislature) to at long last "End the concession to foreign husbands and male fiances" - as promised by Mrs Thatcher in her manifesto at the time of the 1979 General Election.
Sunday, 22 May 2011
Power to all the People
The Home Secretary decides that a Tunisian, associated with terrorism, should not be allowed to live in the UK. A judge determines otherwise. (BBC Radio 4 News.)
The concept of "rights" is widely thought to provide a necessary check on the abuse of power.
But if the only people who can avail themselves of "rights" are those who are subject to a government decision then they have a power that is denied to those who are not.
Two "Rights" Make a Wrong
President Obama, referring (BBC1, Andrew Marr Show) to Afghanistan, spoke of "human rights, including women's rights".
It was Mrs. Roosevelte who insisted that the term "human rights" replace "the rights of man" (Thomas Paine's expression) to ensure that females were included.
No one can doubt that in French "droits de l'homme" embraces both sexes.
In English, "human rights" either doesn't or feminists want something over and above "the rights of man".
The concept of "rights" is widely thought to provide a necessary check on the abuse of power.
But if the only people who can avail themselves of "rights" are those who are subject to a government decision then they have a power that is denied to those who are not.
Two "Rights" Make a Wrong
President Obama, referring (BBC1, Andrew Marr Show) to Afghanistan, spoke of "human rights, including women's rights".
It was Mrs. Roosevelte who insisted that the term "human rights" replace "the rights of man" (Thomas Paine's expression) to ensure that females were included.
No one can doubt that in French "droits de l'homme" embraces both sexes.
In English, "human rights" either doesn't or feminists want something over and above "the rights of man".
Wednesday, 27 April 2011
Cherchez la Droite
Many Tunisians have arrived in France having crossed the Mediterranean in boats sans papiers. They are "determined" to work; to stay permanently; and to raise families. (BBC Radio 4, World at One.) Since they are all young men they will compete with Frenchmen for wives. (By contrast, the "rush" by young men from the Commonwealth to enter the UK in the first half of 1962 before the Commonwealth Immigrants Act came into force at least - for the most part - did so avec papiers.)
It is not right that these Tunisians succeed while some of their law-abiding countrymen adhere to procedures, apply for a Shengen visa, but are refused one.
It would be right for a Frenchman to complain to the European Commission of Human Rights that these young men be deported back to their own country.
However, there is no chance of the ECHR investigating such a complaint, because it only investigates complaints from people who are personally subject to a decision by a public body.
This is a systemic bias - a procedural imbalance - , i.e. not equal.
It is not right that these Tunisians succeed while some of their law-abiding countrymen adhere to procedures, apply for a Shengen visa, but are refused one.
It would be right for a Frenchman to complain to the European Commission of Human Rights that these young men be deported back to their own country.
However, there is no chance of the ECHR investigating such a complaint, because it only investigates complaints from people who are personally subject to a decision by a public body.
This is a systemic bias - a procedural imbalance - , i.e. not equal.
Tuesday, 19 April 2011
"Out of Control"
Immigration "has been completely out of control", said David Cameron on BBC Radio 4 Today this morning (8.10 a.m.)
He has been Prime Minister for 50 weeks, and, tellingly, he did not say it is now under control.
The ability of other peoples to occupy these unfortunate islands will never be under control while foreign men need only find someone to marry in order to avoid the constraints imposed by visas and entry permits.
He has been Prime Minister for 50 weeks, and, tellingly, he did not say it is now under control.
The ability of other peoples to occupy these unfortunate islands will never be under control while foreign men need only find someone to marry in order to avoid the constraints imposed by visas and entry permits.
Subscribe to:
Posts (Atom)
