So, can Theresa May count? : Thu Apr 19, 2012 9:12 am  

... or did Abu Qatada's legal team lodge his appeal a day late?

Personally I'd back May on this one, but am intrigued how on earth the ECHR office was apparently open to receive anything at 11 pm? That's the unfeasible bit for me.

Re: So, can Theresa May count? : Thu Apr 19, 2012 11:14 am  

Ferocious Aardvark wrote:

... or did Abu Qatada's legal team lodge his appeal a day late?

Personally I'd back May on this one, but am intrigued how on earth the ECHR office was apparently open to receive anything at 11 pm? That's the unfeasible bit for me.

I'd imagine it was faxed over rather than being physically handed in.

Re: So, can Theresa May count? : Thu Apr 19, 2012 11:31 am  

I would imagine that as an appeal is currently awaiting adjudication at the ECHR, the UK will not be able to carry out the deportation.

Given the speed the ECHR moves, it could take another three months for them to determine that the appeal was out of time, if that is the case.

Re: So, can Theresa May count? : Thu Apr 19, 2012 12:59 pm  

Andy Gilder wrote:

I would imagine that as an appeal is currently awaiting adjudication at the ECHR, the UK will not be able to carry out the deportation.

Given the speed the ECHR moves, it could take another three months for them to determine that the appeal was out of time, if that is the case.

Isn't it possible to simply bung the court clerk?

Re: So, can Theresa May count? : Thu Apr 19, 2012 4:32 pm  

cod'ead wrote:

Isn't it possible to simply bung the court clerk?

If it moved to Malta, I would say it would become part of the 'procedure'

Re: So, can Theresa May count? : Thu Apr 19, 2012 4:33 pm  

A lawyer on 5Live today was saying that the European court take it as 3 calendar months from the day AFTER the original hearing, which I understand was on the 16th January and so means he had up until 23:59 on the 17th April to lodge any appeal.
Which would seem to say that Theresa May is wrong.

Re: So, can Theresa May count? : Thu Apr 19, 2012 5:33 pm  

Him wrote:

...Which would seem to say that Theresa May is wrong.

If that's the case, then it's yet another example of the beautifully-shod Ms May being less than fully competent.

Re: So, can Theresa May count? : Thu Apr 19, 2012 8:11 pm  

The SSHD and her team are always making mistakes on these kind of things, that's why we have courts to pick up on their mistakes in following law and procedure.

Be interesting if Abu Qatada has a case for wrongful arrest/detention, an ongoing civil matter would also put a bar on his removal

Re: So, can Theresa May count? : Thu Apr 19, 2012 11:10 pm  

El Barbudo wrote:

If that's the case, then it's yet another example of the beautifully-shod Ms May being less than fully competent.

"And I kid you not, he avoided deportation because of his pet cat"

Wouldn't be the same Theresa May would it?

[John_D]

Re: So, can Theresa May count? : Fri Apr 20, 2012 8:26 am  

In answer to the thread title then: no.

Not only that, but neither can she even err on the side of caution and make sure everything was in order before sending the lads round.