SQE1 sample questions

Question 18

A non-UK national living in the UK has allegedly committed a serious crime in his country of origin. His country of origin is not a signatory to the European Convention on Human Rights (‘the Convention’).

The UK government has issued an order for the deportation of the man to his country of origin. However, the man asserts that evidence will be used against him in respect of the alleged crime which has been obtained by the use of torture. The man appeals under the Convention against the deportation order in the High Court and the High Court accepts the man’s assertion.

Which of the following best explains whether the High Court would uphold the deportation order?

A. It would not uphold the order because the Convention provides that member countries must secure the Convention rights for everyone within their jurisdiction.

B. It would not uphold the order because the merits of deportation decisions involving the human rights of nationals from non-signatory countries must be considered by the European Court of Human Rights.

C. It would uphold the order because the UK government is not responsible for how another sovereign state obtains evidence for use in criminal trials.

D. It would uphold the order because non-UK nationals do not benefit from UK human rights protection.

E. It would uphold the order because the man has allegedly committed a serious crime and the Convention is not intended to protect criminals.