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Foreign Criminals and the ECHR

So we now find out that the refusal to deport Learco Chindamo is nothing to do with the Council of Europe and the European Convention of Human Rights or indeed the 1998 Human Rights Act.

Instead it relates simply to the point that in essence there is actual freedom of movement within the EU. There are points where there is no border control in the UK (I won't identify them) and generally there is little border control in the EU.

It isn't really surprising that the government are in a total mess. These issues require attention to detail.

The government's new "automatic deportation" law isn't anything to do with "automatic deportation". It would not have an effect on a similar case to Learco Chindamo.

There is perhaps an argument for a wider form of exclusion ASBO which applies with a criminal sentance (and as a consequence proof beyond reasonable doubt). However, all of these things need to be consider by the court of first instance - which is exactly what the new legislation doesn't do.

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