I will in a moment; I am going to make my points.
On the first element of amendment 132, which seeks to exclude the operation of the Human Rights Act, the only realistic basis for someone who arrived via small boat to challenge their removal to a safe third country under the Human Rights Act would be either article 2 or article 3 of the European convention—the right to life, or not to have one’s life endangered, and the right to freedom from torture.
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However, it is important to note that that would not be the starting point for that kind of claim; in our domestic courts, it would be article 33 of the refugee convention, the non-refoulement principle. That is not just in the refugee convention; it is a principle at common law and part of our customary international law. Even if we abolished the Human Rights Act in so far as it applied to these cases, we would still have the same argument being advanced, that the person could not be sent to a country because of a fear of persecution.