HL Deb 22 October 1976 vol 375 cc1794-5WA
Lord AVEBURY

asked Her Majesty's Government:

Whether, in cases where a person exercises his right of individual petition to the European Commission on Human Rights against an administrative decision requiring his removal from the United Kingdom, they will honour their obligation under Article 25 of the Convention not to hinder in any way the effective exercise of this right by seeking to give effect to the decision before the Commission has considered the petition.

The MINISTER of STATE, HOME OFFICE (Lord Harris of Greenwich)

Her Majesty's Government do not regard their obligation not to hinder in any way the effective exercise of the right of individual petition to the European Commission of Human Rights as requiring them to defer, irrespective of the circumstances, the removal of persons who petition or propose to petition the Commission alleging that their removal constitutes a breach of the Convention. It would be impracticable to maintain an effective immigration control if after exhausting any domestic remedy a person with no claim to remain here under the Immigration Rules could further delay his departure in such a way.