A 24 year old Iraqi man was recently sentenced to 17 months in prison for violent disorder. Hazhar Hassan Taha went on to win a legal challenge against deportation, on the ground that it would breach human rights. However, following Taha’s victory, the Home Office launched appeals to a more senior judge. This was clearly part of a policy of determination to battle cases of supposed abuse of human rights legislation. Immigration officials never submitted the legal paperwork and therefore committed a critical blunder in failing to respond to the court’s requests.
The result of this was that the Home Office was dismissed by the judge without a hearing. The judge was Upper Immigration Tribunal Judge Richard Chalkley and his decision means that Taha is able to remain in Britain for as long as he pleases. The issue raised here is the problem of the Home Office’s blunders that are preventing the Government aim to deport more foreign criminals out of Britain.
The Home Secretary Theresa May, in February, slammed judges that had ‘got it into their heads’ that Article 8 of Labour’s Human Rights Act could not be restricted. She has expressed frustration over this topic before, especially regarding immigration judge’s failure to abide by rules that are there to limit the use of the ‘right to private life’. These limitations were introduced by her last summer. She said: ‘Some judges seem to believe they can ignore Parliament’s wishes’.
It can be argued though, that this specific case helps to prove that it is failings within the Home Secretary’s department that are donating to the problem and making it worse. The Conservative MP, Dominic Raab, a human rights campaigner, said of the situation; ‘We sorely need to scale back the spurious human rights claims frustrating our deportation system. But, the Home Office also need to be straining every sinew to remove foreign criminals, and this case suggests the UK Border Agency have taken their eye off the ball’.
Taha, a violent criminal and asylum seeker, Britain is allowed to stay here due to slip ups by the Home Office, and these blunders must stop.