ChatterBank3 mins ago
Where's my "ooman rights"?
Why is it that only criminal lowlives like Chindamo have ooman rights?
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/// So he was illegally here? If so why aren't all deported criminals playing the human race card? ///
I think you mean 'Human Rights Card' but I think most of them do, they use all kinds of ploys, 'if you send me back I will be killed / tortured / imprisoned etc etc'
And thanks to the 'European Convention on Human Rights' and some very expensive legal aid, they generally get away with it.
/// So he was illegally here? If so why aren't all deported criminals playing the human race card? ///
I think you mean 'Human Rights Card' but I think most of them do, they use all kinds of ploys, 'if you send me back I will be killed / tortured / imprisoned etc etc'
And thanks to the 'European Convention on Human Rights' and some very expensive legal aid, they generally get away with it.
The case was complicated by the fact that Chindamo is an EU citizen.
In essence EU rules state it says that an EU member state cannot deport an EU citizen unless they pose a threat to the "fundamental interests of society".
In other words, if a convicted criminal can show that he or she is normally resident in the country which is trying to deport him, the courts need to take that into account, along with the risk he or she poses, before sanctioning his/her removal. The Home Office was unable to persuade an immigration tribunal that Chindamo posed such a threat.
However, Article 8 of the ECHR would have stopped the deportation too, because it says that every citizen has the right of respect for private and family life. Chindamo was born in Italy, but his family have been in this country for many years.
The tribunal made clear that, in their view, sending him to Italy just because that was the country of his birth would have infringed his rights for a life with his family.
So although it was not the Human Rights Act which sealed the fate of the Home Office's attempt to deport him - but it could have been invoked were it not for the other law.
In essence EU rules state it says that an EU member state cannot deport an EU citizen unless they pose a threat to the "fundamental interests of society".
In other words, if a convicted criminal can show that he or she is normally resident in the country which is trying to deport him, the courts need to take that into account, along with the risk he or she poses, before sanctioning his/her removal. The Home Office was unable to persuade an immigration tribunal that Chindamo posed such a threat.
However, Article 8 of the ECHR would have stopped the deportation too, because it says that every citizen has the right of respect for private and family life. Chindamo was born in Italy, but his family have been in this country for many years.
The tribunal made clear that, in their view, sending him to Italy just because that was the country of his birth would have infringed his rights for a life with his family.
So although it was not the Human Rights Act which sealed the fate of the Home Office's attempt to deport him - but it could have been invoked were it not for the other law.