http://www.bbc.co.uk/news/uk-england-merseyside-24918727

Abu Qatada could not be deported at first because it would have breached his rights to freedom from inhuman or degrading treatment or punishment. This was on the basis that he would be tortured in Jordan and this right is absolute under Article 3 of the European Convention on Human Rights.

Now, the Home Office have decided to raise the issue of deportation with a 7 year old from Canada! I would argue that such a move would infringe his rights to respect for a private and family life, home and correspondence under Article 8 of ECHR.

Article 8 however is a qualified right not absolute and as such can be interfered with by the state as follows: There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Obviously, solicitors or barristers with skills and experience in this field will represent the family but I would be surprised if the Home Office won this one. There is something I recall about EU law and the fact she moved to Germany and had a family before moving to the UK engages cross border activity between member states. This gives her and her family rights under EU law and similar cases involving deportation have been heard by the European Court of Justice.

I must dig out my old notes to satisfy my curiosity... LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

You don't think this is just another tedious bureaucratic cock up by the HO reported with the usual hysterical standard of British reporting then?

Loved the touch about it arriving in the middle of, and spoiling, the step fathers birthday celebrations, now THAT is really important and a key factor in the story!!

"The onus is on the individual to provide the necessary evidence to support their application."
Departments like this one deal with forms and applications in the first instance and therefore can only base decisions on the evidence they receive.
poor paperwork has lead to a bad decision that will no doubt be overturned very quickly.

The sooner we come out of the jurisdiction of the unelected ECHR the better.

I bet the UK taxpayer spends more paying legal bills defending the UK in the ECHR than we do sending relief to the Philippines - rough justice or what!