The Immigration Bill and torture
I’m actually supportive of most aspects of the Government’s Immigration Bill. The current system is explited by lawyers so that simple cases takes the best part of a decade to resolve.
However there are some worrying aspects, ably covered by Idiot/Savant at No Right Turn and Gordon Campbell at Scoop.
In a welcome move, the Immigration Bill does enshrine various UN conventions – including the Convention Against Torture – in our domestic law. However, in my earlier post, I outlined how the Immigration Bill violates key provisions of that same UN Convention Against Torture – by, for instance requiring ( see clause 122b ) an asylum seeker to prove they would face a worse risk of torture if returned home, than would be usual in their country.
The test should not (and is not under the UN convention) a worse risk of torture than other citizens, but whether there is any significant risk at all.
Ironically it means the more despotic a regime is, the more easily one could deport people back there as if they torture and maim everyone with impunity then you are at no worse risk.
I am sure that this clause will be changed, but you do have to worry about how it got in there in the first place.