Is it really all about Cats? Immigration, Asylum and the HRA 1998 Jean-Benoit Louveaux Head of Administrative Justice

Jean-Benoit Louveaux Head of Administrative

Human Rights Act 1998 Incorporation: Makes the human rights contained in the ECHR enforceable in UK law - Do not need to take cases to ECtHR Also: - Courts have to take account (Section 2) - Public Authorities have to act compatibly (Section 6) - Declaration of incompatibility - N.B.: not strike down (Section

Impact of Repeal of HRA

Impact of Repeal of HRA - Unknowns What will it be replaced with? How HRA has impacted on case law? (Section 2) How would repeal affect future interpretation of human rights in

Why Repeal? Tories never expected to win out-right Repeal of HRA horse trading with Lib Dems Stuck with it However, Tories are frustrated, esp. immigration E.g. Article 8 (private and family

Conservative Party conference October 2011 “We all know the stories... about the illegal immigrant who cannot be deported because, and I am not making this up, he had a pet cat. That is why I remain of the view that the Human Rights Act needs to

IA/14578/2008 (1 st Dec 2008) Bolivian student: over-stayed visa First-Tier Tribunal: DP3/96 - Offender who is the unmarried partner of a person present and settled in the UK & Article 8: Genuine and long-lasting relationship Evidence: bank accounts, social engagements, statements from friends & cat HO Appeal: Weight placed leaving partner & cat. + DP3/96 withdrawn. Upper Tribunal: Transitional arrangements: DP3/96 still applied Nothing to do with HRA, not even

Senior Immigration Judge Gleeson “Immigration Judge’s determination is upheld and the cat need no longer fear having to adapt to Bolivian

Other Areas of Frustration -

Abu Hamza 27 May 2004 detained pending Extradition July 2010 temporarily blocked (ECtHR): Inhumane and degrading treatment (Article 3) - prison conditions and life detention September 2012 authorised (ECtHR) 5 October 2012 extradited ECtHR, not

Abu Qatada Article 6 ECHR (right to a fair trial) - Evidence obtained from torture House of Lords decision (Feb 2009) - OO (Jordan) v Secretary of State for the Home Department [2009] UKHL 10 European Court of Human Rights (Jan 2012) - Othman (Abu Qatada) v. United Kingdom 8139/09 [2012] ECHR 56 ECtHR, not HRA (see HL

Deportation Generally ECHR (esp. ECHR Article 3) UN Convention Relating to Refugee Status (Refugee Convention) ECHR (Article 8) – Likely target of HRA

Article 8 – Executive Interference Immigration Rules (9 July 2012) - HC 194 Requirements to be met by an applicant for leave to remain on the grounds of private life (i.e. Article 8): lived continuously in the UK for 20+ years under the age of 18 years and lived continuously in the UK for 7+ yrs and spent at least half of their life residing continuously in UK 18+ no ties (including social, cultural or family) with ‘home’

Government Intention ‘That this House supports the Government in recognising that the right to respect for family or private life in Article 8 of the European Convention on Human Rights is a qualified right and agrees that the conditions for migrants to enter or remain in the UK on the basis of their family or private life should be those contained in the Immigration Rules’. (Hansard, 19 June

Article 8 Cases on HC 194 MF (Nigeria) v Secretary of State for the Home Department [2012] UKUT 393 (IAC) R. (on the application of Nagre) v Secretary of State for the Home Department [2013] EWHC 720 (Admin) MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192) Secretary of State for the Home Department v Izuazu [2013] UKUT 45

Izuazu – Government Response "Unfortunately, some judges evidently do not regard a debate in parliament on new immigration rules, followed by the unanimous adoption of those rules, as evidence that parliament actually wants to see those new rules implemented“ "It is essential to democracy that the elected representatives of the people make the laws that govern this country – and not the

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