Examination Timing: 00H00M48S
A non-UK national living in the UK has allegedly committed a serious crime in his country of origin. His country of origin is not a signatory to the European Convention on Human Rights (‘the Convention’). The UK government has issued an order for the deportation of the man to his country of origin. However, the man asserts that evidence will be used against him in respect of the alleged crime which has been obtained by the use of torture. The man appeals under the Convention against the deportation order in the High Court and the High Court accepts the man’s assertion.
Which of the following best explains whether the High Court would uphold the deportation order?
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The European Convention on Human Rights mandates that member countries secure the rights and freedoms defined in the Convention to everyone within their jurisdiction, regardless of nationality. Article 3 of the Convention explicitly prohibits torture and inhuman or degrading treatment or punishment. If the High Court accepts that evidence obtained through torture will be used against the man, deporting him would violate the UK's obligations under the Convention.
Key Point: Under the European Convention on Human Rights, the UK must protect the rights of all individuals within its jurisdiction, including non-UK nationals, and cannot deport someone to a country where they would face a real risk of torture or inhuman treatment.
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