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Home Secretary Priti Patel PA

How has the European Court of Human Rights grounded the UK’s Rwanda plan?

The first flight due to send asylum seekers on a one-way trip to Rwanda did not take off following an interim ruling by the Strasbourg court.

THE CANCELLATION OF the first flight under the Government’s controversial Rwanda policy has focused attention on the European Court of Human Rights.

Here are some of the key questions surrounding the Strasbourg court and how it relates to the UK and this case.

What is the European Court of Human Rights?

The European Court of Human Rights (ECtHR) is an international court set up in 1959 to rule on individual or state applications alleging violations of the civil and political rights set out in the European Convention on Human Rights (ECHR).

Its judgments are binding on the 46 Council of Europe member states that have ratified the Convention.

It is not a European Union institution and Brexit has not affected the UK’s relationship with the Strasbourg court or the ECHR.

The ECHR was drawn up by the Council of Europe – an organisation which Boris Johnson’s hero Winston Churchill was instrumental in founding.

What did the court decide?

In a last-ditch intervention, an interim measure was granted by the ECtHR in the case of an Iraqi asylum seeker, referred to as KN, who was due to be on the first flight to Rwanda on Tuesday night.

Having exhausted High Court and Supreme Court routes to prevent being put on the flight, KN’s lawyers went to the ECtHR, which issued an interim measure saying he should not be sent to Rwanda until a full decision on the legality of the Government’s policy has been reached in the domestic courts.

The appeals were considered by an out-of-hours judge, PA understands.

So what happens next in the courts?

A full High Court review of the policy, which will see some asylum seekers sent on a one-way trip to Rwanda, is expected in July.

In its ruling, the ECtHR acknowledged concerns about access to “fair and efficient procedures for the determination of refugee status” in Rwanda, the fact that the African nation is not part of the European human rights framework and the absence of “any legally enforceable mechanism” to return KN to the UK if there is a successful legal challenge to the policy.

The court ruled that KN should not be removed until three weeks after the delivery of the “final domestic decision in the ongoing judicial review proceedings” – something which could put the Government’s Rwanda policy on ice for months.

What will happen in Westminster?

Johnson and Home Secretary Priti Patel had been braced for legal challenges, with the Prime Minister in particular hitting out at “lefty human rights lawyers”.

The Government has already committed to a shake-up of human rights laws but the intervention of the European court will fuel demands for the UK to leave the convention entirely.

The Prime Minister did not rule out such a drastic measure when questioned about it on Tuesday, ahead of the Strasbourg court’s injunction.

But leaving the ECHR – which emerged in the aftermath of the Second World War – would be a significant step which could have major knock-on effects on other international agreements.

Under the Good Friday Agreement, the ECHR underpins human rights guarantees in Northern Ireland.

Remaining signed up to the ECHR also helps ensure judicial and legal co-operation with the EU under the terms of the Brexit deal.

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    Mute William Tallon
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    Feb 11th 2022, 3:36 PM

    Have just been looking at the 387 comments on the Journal from the 29th of February 2020 relating to the story about the first case of Covid found in Ireland. It’s fascinating stuff. Many of them are flippant and jocular and you can tell that nobody expected we’d still be dealing with it two years later. What’s more fascinating though is that I don’t recognise any of the names of the commenters from back then. Commenting on Journal stories appears to have a shelf-life, which is understandable. I wonder how long it will take most of us commenting on stories semi-regularly to get bored and move on. There’s only so many ways we can spout the same old BS before it gets old and tired and pointless but that’s never stopped anyone I suppose. Take this comment for example…

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    Mute Vonvonic
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    Feb 11th 2022, 4:20 PM

    @William Tallon: Personally I’m going nowhere. I’ll be around when others cannot be found. I am forever baby. I am Vonvonic!!

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    Mute Bert Carolan
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    Feb 11th 2022, 4:21 PM

    @William Tallon: You trawled through 387 comments? I don’t think that was good for you William, I think I’d have needed therapy.

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    Mute Vonvonic
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    Feb 11th 2022, 4:24 PM

    @Bert Carolan: You might yet need therapy for even imagining the way you’d have felt.

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    Mute Bert Carolan
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    Feb 11th 2022, 4:54 PM

    @Vonvonic: You could be right, I’m just thinking of some of the madder stuff that was on here. In a funny way it helped me get through those days.

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    Mute William Tallon
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    Feb 11th 2022, 4:58 PM

    @Bert Carolan: Looking at and trawling have different meanings as you well know but hey, using words incorrectly or out of context in the Journal comments section never gets old or tired or pointless…

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    Mute William Tallon
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    Feb 11th 2022, 5:00 PM

    @Vonvonic: Yes, I’ve no doubt you are forever or at least it feels that way so far…

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    Mute Vonvonic
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    Feb 11th 2022, 5:21 PM

    @William Tallon: Now now. There’s no need for that. I’m sure if you met me in real life you’d realise that I’m not the big super hero you imagine I am. I’m just a normal guy who gets up in the morning and mows the grass

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    Mute William Tallon
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    Feb 11th 2022, 5:27 PM

    @Vonvonic: Yes.

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    Mute Gerry McCaughey
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    Feb 11th 2022, 6:15 PM

    @William Tallon: interesting. I’d like to have a look back at that. I have been commenting on the journal for about 10 years, but my initial two accounts were twitter accounts both of which were banned by the journal for fairly flimsy reasons. I mean seriously silly reasons. One was when I made a very light hearted joke about a couple of typos in an article headline. So there are probably a fair few of those commentors still commenting but under a different account like myself.

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    Mute William Tallon
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    Feb 11th 2022, 6:32 PM

    @Gerry McCaughey: After a while, you start to recognise the same names commenting over and over on the various stories here and I genuinely haven’t seen the majority of those names from two years ago doing so today.

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    Mute DJBERMO
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    Feb 11th 2022, 7:13 PM

    @William Tallon: I’ll drop in occasionally, and out of respect I’ll respond William. I have to add, the comments section has been a tonic for the last 2 years.

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    Mute Bert Carolan
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    Feb 11th 2022, 7:24 PM

    @William Tallon: If going through 387 comments isn’t a trawl I don’t know what is .Or is it a slog. Or was it just the names of the commentators you looked at?
    And of course my comment was intended to be humorous. I have found the Journal comments to be the preserve of a lot of types that I used to meet in the chipper after closing time.

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    Mute DJBERMO
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    Feb 11th 2022, 7:28 PM

    @Bert Carolan: love the chipper analogy!

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    Mute Da Dell
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    Feb 11th 2022, 7:29 PM

    @William Tallon: Not sure what ur getting at, but as others have said thejournal regularly bans users, so many will change their login.
    If you are referring to Covid articles then of course less people commentating as also less people reading articles. Covid Articles used to be the most read with upto 90k and more sometimes. Now they usually less than 20k.

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    Mute William Tallon
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    Feb 11th 2022, 8:04 PM

    @Da Dell: And I’m not sure what you’re getting at. Guess that balances things out so.

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    Mute William Tallon
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    Feb 11th 2022, 8:07 PM

    @Bert Carolan: I have no recollection of ever meeting you in the chipper after closing time as I ordered my Southern Fried Chicken dinner box and a portion of garlic sauce for dipping my chips in. In my defence though I was always rather drunk…

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    Mute William Tallon
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    Feb 11th 2022, 8:59 PM

    @DJBERMO: I find the Journal’s comments section horribly fascinating in that gawping at a car-crash sort of way. I’ve certainly never found it to be a tonic…

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    Mute Richarddoherty
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    Feb 11th 2022, 3:36 PM

    Hospital numbers are low which is very positive
    Live Life and think of other who can’t because of the last two years rip to them

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    Mute Tom Bombdadil
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    Feb 11th 2022, 3:36 PM

    Pints and clubbing! Still catching up on the last 2 years

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    Mute In the paper
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    Feb 11th 2022, 3:48 PM

    @Tom Bombdadil: Sad

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    Mute Tom Bombdadil
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    Feb 11th 2022, 4:06 PM

    @In the paper: hahahahaha! Most definitely not, you still under the bed.

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    Mute Vonvonic
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    Feb 11th 2022, 5:23 PM

    @In the paper: Ah here. Move on a small bit.

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    Mute der Fussballmeister
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    Feb 11th 2022, 6:13 PM

    I graft in a test centre and very few are getting tested so these numbers can’t be accurate in terms of the amount of infections. Numbers are a lot higher.

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    Mute Kevin
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    Feb 11th 2022, 3:23 PM

    1st comment

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    Mute Marta Antoci
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    Feb 11th 2022, 3:34 PM

    @Kevin: do you want a cookie?!

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    Mute Gary Kearney
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    Feb 11th 2022, 5:55 PM

    We were doing great and hopefully this is just a small blip and we can get the numbers down faster.
    Just keep following the few rules left and we will all be free.
    Its our first pandemic and you never forget your first time!!!!!!

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    Mute Keith
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    Feb 11th 2022, 6:35 PM

    @Gary Kearney: whats a small blip? Hospital cases low icu down
    Case numbers stable

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    Mute Hear me now
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    Feb 12th 2022, 5:18 AM

    @Gary Kearney: great…comparing your 1st time to Covid, you 1stvtime must have really sucked & not in a good way.

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    Mute Gary C
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    Feb 12th 2022, 12:46 AM

    It’s time for YAWN GIFS on.the journal

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