header-logo header-logo

18 October 2007 / Craig Barlow , Jason M Hadden
Issue: 7293 / Categories: Features , Immigration & asylum , Human rights
printer mail-detail

What lurks beneath

The scars left by the murder of headmaster Philip Lawrence were deepened by the failure to deport his killer. Here, Jason M Hadden and Craig Barlow discuss the issues

A mid hysterical press coverage, on 21 August 2007 the Asylum and Immigration Tribunal (AIT) held that the home secretary could not lawfully deport convicted murderer Learco Chindamo from the UK to Italy (IA/13107/2006).

That day on BBC News 24 the junior minister, Tony McNulty MP, informatively opined to viewers that by reaching that conclusion the AIT had misunderstood or misapplied the Human Rights Act 1998 (HRA 1998). Similarly, on 16 September 2007 the former home secretary, Dr John Reid, writing in the News of the World, suggested that public confidence in HRA 1998 had been damaged citing, among other examples, the Chindamo decision.

The reality, however, is that HRA 1998 has little to do with the outcome in Chindamo, the result was sadly inevitable and the culmination of a legislative and public policy fiasco that promises to repeat itself.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll