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Constitutional & Judicial Review - Essay Example

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The UK Home Secretary is said to be depending on the Ott-Preminger Institute vs. Austria case on not allowing Al, an US citizen from entering United Kingdom. The earlier case was about an institution and its manager, Mr. Zingl in Austria, who went for redressal to The European Court of Human Rights, (application no…
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Constitutional & Judicial Review
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Download file to see previous pages Al is a US citizen and cannot claim entry to another country as a matter of right, unless that country is willing to grant entry to him. Under the circumstances, the Home Secretary to UK is of the opinion that violent speeches and statements of Al against the ongoing war in Europe may create violent eruptions in UK society. His meeting in Washington DC has already resulted in unpleasant violence and arrests, and this incident combined with his earlier writings and statements led the Home Secretary to presume that his presence in United Kingdom might result in violence and clashes. Home Secretary is within his right to reject permission to enter UK1. Home Secretary need not give explanations to entry denial actions. A judicial Review action against the United Kingdom Home Secretary might not be very successful, even though Al's speeches in United States could not be termed as violence provoking. This charismatic leader belongs to an anti-war pressure group and it is not an offence to oppose a war. There is a lot of difference between an anti-war pressure group and a terrorism-provoking group. Anti Government sentiments are not exactly terrorist acts. Violence broke out because of pro-war protesters and it was a mere clash between the two groups that could happen anywhere. There was no bloodshed and the event did not leash out any anti government euphoria. Al can fight the decision by saying that condemning the war in Iraq is not exactly fomenting terrorism and he has a right to express his opinion2. But his rights to go to the European Human Rights commission are limited as he is neither a citizen of European Union, nor of one of its Member States.
In the second case, Shoab, a Muslim clerk from Libya was given permission to stay in UK as postgraduate student till August 2003. He applied for indefinite leave to remain in United Kingdom. As Shoab is on student visa, it is difficult for him to get indefinite leave to remain even under normal circumstances. Usually student visas are extendable only during the period of study and it is never indefinite and Shoab's visa did not get extended. Home Secretary informed him that 'on account of your connections with Islamic terrorists groups, your deportation from the United Kingdom would be conducive to the public good'. Home Secretary believes that Shoab has connections with MAWI (Muslims against Western Imperialism), a group implicated in recent terrorist incidents in the West and had adopted a policy of seeking to deport all foreign nationals with links to MAWI. Home Secretary is also accused of gaining mileage and electoral support for government in the approaching election. At a hearing of the Special Immigration Appeals Commission (SIAC), the deportation order was confirmed. Shoab's barrister was however prevented from cross-examining witnesses and from knowing full details of the case against him.
As Shoab is living in United Kingdom as a student he can approach European Union Human Rights Court against his deportation. He can go to the court and to Human Right Activists. ...Download file to see next pagesRead More
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