UK top judge defies Home Secy's tough immigration rules
London: Britain's most senior immigration judge has openly defied Home Secretary Theresa May by insisting that Parliament's attempt to get tough on human rights abuses by foreign criminals is outweighed by the European Court.
In a key ruling, the head of the immigration courts said measures introduced by May last year to stop criminals claiming the 'right to family life' were overridden by judges' previous decisions on such cases at the European Court of Human Rights in Strasbourg.
According to the Telegraph, justice Blake also said that 'little weight' should be given to May's immigration rules in cases involving criminals with children.
He said that the move should be taken because they were overruled by international agreements and a previous law passed by the Labour government.
As reported by The Telegraph last week, May is due to introduce laws to strengthen existing measures over concerns that judges were not taking them seriously.
The judge made his criticisms of May's laws in a ruling which allowed a criminal with 30 convictions to stay in Britain, even though the Home Office had tried to deport him, the report said.
The case was written as a 'reported determination', meaning that other immigration judges will have to follow its example when deciding other similar appeals, it added.