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by scott_w 1472 days ago
It’s normal for the high court to side with the government in these cases only for them to be overturned on appeal. That’s not my opinion, that’s the experience of immigration lawyers.

So yes, the policy is unlawful _in fact_ but the legal process needs to catch up to that.
1 comments
88 1472 days ago
Except the Supreme Court have said they will not consider an appeal.

So it is not illegal.

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scott_w 1472 days ago
They’re not ruling on legality, they’re refusing to grant injunctions on the flights.

This doesn’t mean they’re legal, it means the courts won’t stop those individuals from being deported while the legal case for the policy is being argued. The decision to grant, or not, an injunction is not in itself a judgement on the underlying policy. The court did the former, not the latter.

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camjw 1472 days ago
What would it take to convince you that this policy is not illegal? (For clarity, I agree with you that it is an awful policy.)
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scott_w 1472 days ago
Very simply the Supreme Court would have to rule that the policy was legal and detail how it was in line with UN conventions on refugees.

The English courts haven’t done this yet, they just said they won’t issue injunctions to prevent certain deportations.

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camjw 1472 days ago
Do you expect the Supreme Court to rule on all government policy? Is it the case that you feel government policy is illegal until ruled legal by the SC? Sort of guilty until proven innocent? If the SC decides not to rule, say it just dismisses the case (not sure what the mechanisms are here) would the policy be perpetually illegal or would that be taken as tacit legality of the policy?

This does seem logically consistent to me, just trying to understand your position better.

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scott_w 1472 days ago
I expect the Supreme Court to rule on extremely impactful and controversial government policy that interacts with international law. That’s a huge part of its job.

Whether I think it’s legal is based on what the policy is, whether it was passed into law by Parliament (in this case, there’s no Act of Parliament), what legal experts have said, whether it’s been tested by the courts.

You know, how most sensible people make decisions: they look at the information available and make a decision based on that.

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