McCanns appeal to the European Court of Human Rights

[slartibartfast]

I'm aware of that... But what was their point in going if the UK court decision wad final

I am surprised you don’t know.

[Mr Gray]

I am surprised you don’t know.

The only point would be to overule the UK courts decision IMO.. What's yours

[slartibartfast]

The only point would be to overule the UK courts decision IMO.. What's yours

...and you are supposed to be an expert?

[Mr Gray]

...and you are supposed to be an expert?

When have I claimed to be an expert ...you don't seem to have an answer

[slartibartfast]

When have I claimed to be an expert ...you don't seem to have an answer

Look up “Interim Measures”.

[Mr Gray]

Look up “Interim Measures”.

I think you need to understand the purpose of interim measures
The court granted interim measures thus overuling the UK courts.... That shows the ECHR can result in the overuling if a domestic court.  The interim measures are in place until a decision is made... The decision to cause the domestic decision to be overuled... I feel you are, denying reality... For the third time why gid Charlis parents go ti the ECHRif it had no power to cause the decision to be overuled... You don't seem to have an answer

[Mr Gray]

Look up “Interim Measures”.

Try this one..
If a person is ordered to be deported by the UK courts... And  appeals to the ECHR breaches his human rights... Can the UK courts decision be altered... Yes it can.... The domestic courts, decision is not final

[slartibartfast]

Try this one..
If a person is ordered to be deported by the UK courts... And  appeals to the ECHR breaches his human rights... Can the UK courts decision be altered... Yes it can.... The domestic courts, decision is not final

So which “imminent risk of irreparable harm”  came into play in the case the McCanns brought.

[G-Unit]

Try this one..
If a person is ordered to be deported by the UK courts... And  appeals to the ECHR breaches his human rights... Can the UK courts decision be altered... Yes it can.... The courts, decision is not final

When a person is ordered to be deported they will often appeal to the ECHR and ask for a delay under Rule 39 Interim measure.  Some of these are granted because the ECHR thinks that deportation poses a risk that the applicant will suffer serious and irreparable harm if the deportation goes ahead.

The ECHR doesn't have the power to change decisions made in a State's courts, however;

under no circumstances will the Court set aside a national court's decision.
https://www.echr.coe.int/Documents/Your_Application_ENG.pdf

[Mr Gray]

When a person is ordered to be deported they will often appeal to the ECHR and ask for a delay under Rule 39 Interim measure.  Some of these are granted because the ECHR thinks that deportation poses a risk that the applicant will suffer serious and irreparable harm if the deportation goes ahead.

The ECHR doesn't have the power to change decisions made in a State's courts, however;

under no circumstances will the Court set aside a national court's decision.
https://www.echr.coe.int/Documents/Your_Application_ENG.pdf

So are you saying the court can delay decision... While it rules... Then once it rules the defendants human rights have been breached the domestic court is then free to deport that person... That is plainly absurd.
My argument is.... Whilst the ECHR cannot overule a decision it can make a judgement which the lawyer acting for the defendant can take to the domestic court to apply to have the judgement  overturned... ie.... The SC Judgement  is not necessarily final

[Mr Gray]

So which “imminent risk of irreparable harm”  came into play in the case the McCanns brought.

Point out where I have claimed there is an interim measure in place in the McCann case... I haven't... You raised it..
The whole point is that it seems the SC Judgement may not be final as posters here have claimed... In fact I think it's clear it isnt

[Mr Gray]

When a person is ordered to be deported they will often appeal to the ECHR and ask for a delay under Rule 39 Interim measure.  Some of these are granted because the ECHR thinks that deportation poses a risk that the applicant will suffer serious and irreparable harm if the deportation goes ahead.

The ECHR doesn't have the power to change decisions made in a State's courts, however;

under no circumstances will the Court set aside a national court's decision.
https://www.echr.coe.int/Documents/Your_Application_ENG.pdf

Explain why they appeal to the ECHR if the judgement cannot be changed... It obviously can be imo

[slartibartfast]

Point out where I have claimed there is an interim measure in place in the McCann case... I haven't... You raised it..
The whole point is that it seems the SC Judgement may not be final as posters here have claimed... In fact I think it's clear it isnt

You used interim measures (though not by their proper name) to suggest judgements could be changed. They don’t apply in this case. One reason being they are usually only applicable to defendants and not to those bringing cases.

[G-Unit]

 

So are you saying the court can delay decision... While it rules... Then once it rules the defendants human rights have been breached the domestic court is then free to deport that person... That is plainly absurd.
My argument is.... Whilst the ECHR cannot overule a decision it can make a judgement which the lawyer acting for the defendant can take to the domestic court to apply to have the judgement  overturned... ie.... The SC Judgement  is not necessarily final

I would be interested to see a case where a lawyer has succeeded in having a judgement overturned.

[Mr Gray]

You used interim measures (though not by their proper name) to suggest judgements could be changed. They don’t apply in this case. One reason being they are usually only applicable to defendants and not to those bringing cases.

Interim measures are not important in this case... You are failing to answer the point I have made... They were raised Re the Charlie Gard case. The point is that the SC judgement is not necessarily  final....