Re:Scotland starts renewed case for independence
by scott_w on Tuesday June 14, 2022 @10:34AM
(#31740149)
What is your legal basis for your assessment?
Re:Scotland starts renewed case for independence
by camjw on Tuesday June 14, 2022 @11:09AM
(#31740617)
That many other (EU) countries who have implemented the EUHR directive deport asylum seekers to other countries, and those countries SC equivalents have not found it to be illegal.
I guess my legal basis is precedent.
Re:Scotland starts renewed case for independence
by scott_w on Tuesday June 14, 2022 @11:25AM
(#31740858)
Your legal basis on which you base your opinion on U.K. law is (supposed) precedent from countries that are not the U.K.
Forgive me if I find your entire premise suspicious and decline the opportunity to debate further.
It being a matter for debate whether Rwanda is safe is, I think, not something the SC is going to rule on.
It violating the Human Rights Act seems to be the only real issue for the SC then? Again, I just wonder whether this policy is likely to be illegal under that Act given that the relevant clause says "No one shall be subjected to torture or to inhuman or degrading treatment or punishment”. I just doubt that deportation would fall under torture, inhuman, or degrading treatment _in the spirit of this Act_. I agree that this policy is immoral but kind of doubt that the SC is going to find it tantamount to torture. But maybe there are other arguments here that I'm unaware of?