Can the European Convention on Human Rights and the justice system ever run to the same tune.
I have blogged about the human rights act here, here and here.
Now we have another example.
Illegal immigrant rapist could stay in UK
An illegal immigrant who raped a woman but was not caught for 18 years could avoid deportation because of his human rights to a family life.
Sukdarshan Singh, an Indian, arrived in Britain unlawfully in 1984 and raped a 59-year-old woman four years later.
He was only linked to the attack in 2006 after being arrested for drink driving and was jailed for four and a half years.
An immigration tribunal ruled he should be deported but the Court of Appeal yesterday overturned the decision because it had failed to take in to account his rights to family life as he now has a British wife and two teenage children.
If this guy entered the country illegally, how was he able to legally get married?
According to the appeal court, if you enter the country illegally, commit a serious crime, get away with it for 20 years, get jailed for a very short time, you can stay in the country.
Yesterday, he was appealing against the Asylum and Immigration Tribunal (AIT) finding which upheld the decision of the Home Secretary to return him to India.
But Lord Justice Aikens said the "overall question" in the case was whether deportation would be a disproportionate interference with his private and family life protected by the European Convention on Human Rights.
Lord Justice Aikens says, 'deportation would be a disproportionate interference with his private and family life under the human rights act.'
Once again I say, what about the human rights of the victim. She was raped by this scum, but as usual the rights of the victim is second to the rights of the scum who raped her.
He said the AIT should have balanced the threat of family breakdown, the effect on the children and feasibility of a move to India with the aim of deportation in protecting the public.
The effect on the children and feasibility of moving to India. What about the effect on the children finding out their father is a rapist.
Send the father back to India and let the kids stay in the UK.
Everyone has a human right to live and feel safe in their community and their home. If someone commits a crime they should lose certain rights.
If an illegal immigrant commits a crime then that person should be sent back to the country he came from, even if he has a family here.
People are not getting justice due to the (In) Human Rights Act.