ENAR press release: Does the EU border agency really take fundamental rights seriously?

ENAR has issued a press release concerning the recent European Parliament move on 13 September to agree to increase the powers of the EU’s border agency Frontex and to appoint one fundamental rights officer, among other improvements. While ENAR welcomes this measure towards more respect for human rights within Frontex, we are concerned that it will not seriously address the human rights breaches often committed within Frontex operations as a result of its mission to “monitor and control” Europe’s external borders. Read more: European Network Against Racism http://cms.horus.be/files/99935/MediaArchive/pdfpress/2011-09-15%20Frontex.pdf 

ECHR and Bogus Asylum invaders – BNP

European Court of Human Rights Opens Door for Thousands More Bogus Asylum Invaders

Sun, 23/01/2011

The European Court of Human Rights has opened the door for thousands of bogus “asylum seekers” to invade Britain and other European nations after abolishing the right of European Union member states to deport illegals back to Greece.

This week’s court ruling means that any asylum seeker can be guaranteed to remain in Britain (or any other EU nation) just by claiming to have entered Europe through Greece.

The ruling was the first to be heard by the court under the European Union mechanism known as Dublin II, which allows EU member states to deport bogus asylum seekers back to the nation through which they first entered the continent.

The case arose after Belgian deported an Afghan asylum seeker to Greece under the Dublin II rules, which say that an asylum seeker must have their application heard in the EU member state they entered first. Continue reading

Applicability of the ECHR in immigration cases

The protected Convention rights are universal and intended to apply to everyone within the United Kingdom ’s jurisdiction, not just British nationals. The preamble of the ECHR describes the rights as having a universal quality – they apply to all persons regardless of nationality, race, sex or other “status”.

There are three broad categories of case where the ECHR has an impact in the field of immigration and asylum law:

  • Firstly, there is the class of case where the claimant asserts that her removal from the United Kingdom would infringe the human rights she has established in the United Kingdom . These types of case are referred to by the House of Lords as ‘domestic cases’. For example, if a person has established a family or private life in the United Kingdom which will be breached by removal abroad, this is a domestic case.
  • Secondly, there is a class of case where the claimant asserts that her human rights will be breached after removal from the United Kingdom , i.e. in the future. These types of case are referred to as ‘foreign cases’. For example, if a person will experience torture or inhuman or degrading treatment in her own country after removal from the UK , or her mental and/or physical health would deteriorate catastrophically because medical treatment would be unavailable in the future, this would be a foreign case.
  • Thirdly, there is the class of case where it is alleged that the behaviour of the authorities in this country presents a risk of a breach of human rights. This is most likely to arise in detention or support cases. Continue reading

European Convention on Human Rights

The European Convention on Human Rights, otherwise known as the Convention for the Protection of Human Rights and Fundamental Freedoms, is a convention that was passed by theas drawn up by the United Nations (UN) in 1948. The aim of the convention is to give people who live in European states a list of civil and political rights which the member states of the Council of Europe believed every person in Europe should expect to have.

Basic Rights and Freedoms under the Convention

The following basic rights and freedoms are set down in the Convention:

  • The right to life
  • The right to liberty and security
  • The right to fair trial
  • The right to no punishment without law
  • The right to respect private and family life
  • The right to marry
  • The right to a remedy of human rights abuses
  • Freedom of thought, conscience and religion
  • Freedom of expression
  • Freedom of assembly and association
  • Prohibition of torture
  • Prohibition of slavery and forced labour
  • Prohibition of discrimination
  • Prohibition of the abuse of rights Continue reading