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Tag Archives: ECHR Article 8

Right to rent ruled discriminatory – an innovative judgment

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If ever there was a petty-minded, oppressive and irrational notion it was former British prime minister David Cameron’s “right to rent” crackdown on illegal immigration, now ruled incompatible with the European Convention on Human Rights by the High Court. The 2014 legislation turned everyone letting residential property into an arm of the UK Border Agency – or an unprofessional and arbitrary backstop when the immigration authorities had failed. It even sought to give landlords supra-legal powers of eviction, to throw tenants out without a court process if the tenants could not prove their immigration status was in order (see this Al’s Law piece).

And of course landlords were likely to take the easy option of renting only to those who could produce a British passport – hence the legal claim that the whole scheme was had discriminatory effects and was therefore contrary to the ECHR.

But the judgment raises the intriguing issue of how far legislation, not in itself discriminatory or unlawful, can be deemed discriminatory when it simply prompts the discriminatory (and unlawful) behaviour of others – the landlords meant to operate the scheme.

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Judge criticises Home Office after failure to deport Jamaican drug dealer

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A UK Court of Appeal judge has criticised the Home Office for delays in dealing with the expulsion of a convicted Jamaican drug dealer which could increase his chance of staying in Britain. A decision to deport the man, known as KD, was made in 2007 after he served a five-year sentence for dealing in class A drugs. But failings by the Home Office mean he is still in the UK with an improved chance of remaining as time passes.

The Upper Tribunal (Immigration and Asylum) had ruled that his deportation would breach his Article 8 family rights because he had had a relationship with a British woman since 2001 and they had three children. Now Lord Justice Richards in the Court of Appeal has granted the Government a right to appeal against that judgment – but said “the passage of time is likely to strengthen rather than weaken the respondent’s Article 8 claim in the event that the matter falls to be decided afresh”.

Problems in the procedure started because the Home Office failed to serve the deportation order on KD in 2007. The Secretary of State had treated KD’s Article 8 application for leave to remain as if it was an application to revoke the non-existent deportation order – and had rejected it.
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Anderson and surveillance: RIPA is still the law – and it’s being broken

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The Anderson report on surveillance (according to the media) suggested that UK security services should “keep” their powers of bulk surveillance – the downloading and storing of communications and internet material, basically without limit except the limitations of the technology they have. The report has come out in the same week that the Metropolitan Police were unable to confirm or deny (for which read “confirmed”) that dummy mobile phone towers, or Stingers, were lifting material from the phones of passers-by, apparently ad hoc and without specific investigatory purpose.

But it is really not clear that bulk surveillance powers do have legal sanction in Britain – and nor does Anderson say unequivocally that they do. Which is why, under Theresa May’s new “snooper’s charter” (the draft investigatory powers bill), she will be seeking to legalise something she claims is perfectly legal already – but really isn’t.

So what is the law? The key piece of legislation is the Regulation of Investigatory Powers Act 2000 (RIPA) – which Anderson wants replaced. This is often referred to as source of surveillance powers for just about anyone from GCHQ to schools checking on the residency of parents of local authorities looking at our recyling.

In fact it is intended to control, curb, restrict and limit surveillance – and in particular it is intended to prevent the state’s (and private bodies’) disproportionate bulk downloading and retention of the private information – which is just what the security forces do now as far as they technically can and which they will be able to do far more effectively under the investigatory powers bill, requiring ISPs, Google and the rest to keep such information for them. Read the rest of this entry

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