Law and Rights
On 19th April Law and Lawyers posted on Pesky Time Limits and Abu Qatada. In that post it was argued that when a judgment was handed down on 17th January, it would be 17th April when the 3 month time limit for a party to request a reference to the Grand Chamber would expire. (Such references are permitted by European Convention on Human Rights Article 43). This view was based on the court's own case law - 5th section of the E Ct HR in Otto v. Germany. Abu Qatada lodged his request for a reference on 17th April. A five judge panel of the European Court of Human Rights has held that he was in time. This is, of course, a finding against the British government which insisted that the time limit expired on 16th April.
Despite all of this, Abu Qatada's case will not be referred to the Grand Chamber. His request was rejected - see The Guardian 9th May 2012. Reasons are not given - more is the pity. Appeals are normally rejected if they do not raise a sufficiently serious new issue or legal question. On this point, I very much agree with a good post on UK Human Rights Blog which uses a lyric from Simon and Garfunkel's Hazy Shade of Winter as its title - "Time, time, time, look what's become of me." In this post, barrister Adam Wagner suggests that "in the interests of justice and transparency, this time [the judges] should raise their heads over the parapet and explain how they have reached their decision." Regrettably, they did not do so.
The court's judgment of 17th January became final - Othman (abu Qatada) v UK and Qatada's attempts to remain in the U.K. will now become a matter for the English courts and it may well be that this litigation will continue for some time to come.
See UK Human Rights Blog - Adam Wagner - "Abu Qatada appeal was in time but will not be heard by Grand Chamber."
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- Abu Qatada May Leave Uk Voluntarily If .....
The long running Abu Qatada deportation issue may be drawing to an end. Over around 8 years, the government has spent enormous amounts of public money on the various legal challenges to his deportation to Jordan. (See Jack of Kent Resource...
- Abu Qatada ~ New Treaty With Jordan ~ But Will It Result In His Deportation?
Earlier this week, the Court of Appeal refused the government permission to appeal against a decision of the Special Immigration Appeals Commission in the Abu Qatada case - BBC News 23rd April. The government will be asking the Supreme Court to...
- Mohammed Othman (abu Qatada)
Update 4th December: The Government is to appeal the decision of SIAC. As predicted (below), the Home Secretary is not yet prepared to give up the chase! The Guardian 3rd December. --- The most recent round of litigation concerning Mohammed...
- Theresa May's Trip To Jordan
Update: Abu Qatada talks moving in the right direction, says Theresa May - Guardian 7th March. The Home Secretary - Rt. Hon. Theresa May MP - is in Jordan holding talks with a view to reaching a deal ("assurances") which the British government hope will...
- Prisoner Voting ... Uk Government Given 6 Months To Introduce Legislation ...
On 15th March Law and Lawyers noted that the U.K. government had requested the Grand Chamber of the European Court of Human Rights to consider the case of Greens and M.T. v U.K. decided by a chamber of the court on 23rd November 2010. The Grand...
Law and Rights
Pesky Time Limits and Abu Qatada - No.2
Interestingly, the expiry time was not entirely easy
to state with accuracy and the estimable Joshua Rozenberg writing in The Guardian 8th May argued that - "Legal advice to the home secretary and common sense both suggest that "within three months from" January 17 means no later than April 16." Rozenberg continued - "But since there is clearly some doubt over the issue and Abu Qatada's team were apparently told by court officials that the deadline was April 17, any human rights court would surely give an applicant the benefit of the doubt."
to state with accuracy and the estimable Joshua Rozenberg writing in The Guardian 8th May argued that - "Legal advice to the home secretary and common sense both suggest that "within three months from" January 17 means no later than April 16." Rozenberg continued - "But since there is clearly some doubt over the issue and Abu Qatada's team were apparently told by court officials that the deadline was April 17, any human rights court would surely give an applicant the benefit of the doubt."
Despite all of this, Abu Qatada's case will not be referred to the Grand Chamber. His request was rejected - see The Guardian 9th May 2012. Reasons are not given - more is the pity. Appeals are normally rejected if they do not raise a sufficiently serious new issue or legal question. On this point, I very much agree with a good post on UK Human Rights Blog which uses a lyric from Simon and Garfunkel's Hazy Shade of Winter as its title - "Time, time, time, look what's become of me." In this post, barrister Adam Wagner suggests that "in the interests of justice and transparency, this time [the judges] should raise their heads over the parapet and explain how they have reached their decision." Regrettably, they did not do so.
The court's judgment of 17th January became final - Othman (abu Qatada) v UK and Qatada's attempts to remain in the U.K. will now become a matter for the English courts and it may well be that this litigation will continue for some time to come.
See UK Human Rights Blog - Adam Wagner - "Abu Qatada appeal was in time but will not be heard by Grand Chamber."
.
- Abu Qatada May Leave Uk Voluntarily If .....
The long running Abu Qatada deportation issue may be drawing to an end. Over around 8 years, the government has spent enormous amounts of public money on the various legal challenges to his deportation to Jordan. (See Jack of Kent Resource...
- Abu Qatada ~ New Treaty With Jordan ~ But Will It Result In His Deportation?
Earlier this week, the Court of Appeal refused the government permission to appeal against a decision of the Special Immigration Appeals Commission in the Abu Qatada case - BBC News 23rd April. The government will be asking the Supreme Court to...
- Mohammed Othman (abu Qatada)
Update 4th December: The Government is to appeal the decision of SIAC. As predicted (below), the Home Secretary is not yet prepared to give up the chase! The Guardian 3rd December. --- The most recent round of litigation concerning Mohammed...
- Theresa May's Trip To Jordan
Update: Abu Qatada talks moving in the right direction, says Theresa May - Guardian 7th March. The Home Secretary - Rt. Hon. Theresa May MP - is in Jordan holding talks with a view to reaching a deal ("assurances") which the British government hope will...
- Prisoner Voting ... Uk Government Given 6 Months To Introduce Legislation ...
On 15th March Law and Lawyers noted that the U.K. government had requested the Grand Chamber of the European Court of Human Rights to consider the case of Greens and M.T. v U.K. decided by a chamber of the court on 23rd November 2010. The Grand...