This chapter introduces some of the policy issues which shape immigration law. It discusses migration policy in a global context; the institutional basis of immigration control; electronic borders; current drivers of UK policy, including security and economic migration; control within the borders, including the hostile environment policy; treatment of asylum seekers; the refugee crisis; and the role of the media. The chapter touches on the scrutiny of immigration functions by the Parliamentary Home Affairs Select Committee and the Independent Chief Inspector of Borders and Immigration. There is a short discussion of the ambivalence of UK immigration policy towards economic migration.
This chapter discusses the development of the current structure of the appeals bodies—the Appeal Tribunal and the Special Immigration Appeals Commission (SIAC)—and their procedure. It sets out the limited rights of appeal following the implementation of the Immigration Act 2014. It has sections on administrative review and judicial review. The chapter also considers whether there is a right to a fair hearing in immigration and asylum decisions. It concludes with a section on immigrants and asylum seekers’ access to legal representation, including funding.
In this paper, I explore the way in which the rules relating to sexual history evidence contract the rape victim’s space for a meaningful expression of her violation. This is an area that has attracted much comment since the provisions of the Youth Justice and Criminal Evidence Act 1999 came into force. However, it is my contention that much of the focus on section 41 YJCEA 1999 in academic literature seems to have shifted away from the concerns which led to the legislation in the first place - namely the low conviction rate in rape cases and the myths about women that led to this type of evidence being misused .
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter considers the provisions whereby an individual can be excluded from refugee status because of their conduct. These are as laid down in the Refugee Convention and the EC Qualification Directive. The chapter discusses up-to-date case law on exclusion from refugee status based on crimes against humanity, serious non-political crimes, and acts against the purpose and principles of the United Nations. It deals with the issue of complicity and the relationship with the UK’s anti-terrorism legislation. It also deals with the situations in which refugees can be removed from the host country.
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system.
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter introduces some of the policy issues which shape immigration law. It discusses migration policy in a global context; the institutional basis of immigration control; electronic borders; current drivers of UK policy; control within the borders including the hostile environment policy; treatment of asylum seekers; the refugee crisis; and the role of media. The chapter touches on the scrutiny of immigration functions by the Parliamentary Home Affairs Select Committee and the Independent Chief Inspector of Borders and Immigration. There is a short discussion of the ambivalence of UK immigration policy towards economic migration.
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The eighth edition of the Textbook on Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law, and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the changes to the powers of removal and rights of appeal in the Immigration Acts 2014 and 2016. It also gives an account of the asylum process, and applications for protection for victims of trafficking.
This chapter focuses on non-European Economic Area (EEA) nationals who wish to live permanently with family members who are settled in or are nationals of the UK. The first part of the chapter covers human rights, particularly Article 8 and its impact on family life. The second part of the chapter considers the immigration rules. The family members of those coming to work or study and of refugees are also briefly considered. It examines marriage-related applications, that is, applications to join a spouse, fiancé(e), civil, or long-term partner. It considers the rules relating to adult family members and children, the family life of those with limited leave, and refugees and asylum seekers.
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter describes the development of the grounds in law for exercising the power to remove a person from the UK, from the Immigration Act 1971to Immigration Act 2014. These include people who have overstayed the limit of their leave, or have breached conditions of leave or obtained leave to remain by deception, and the families of such people. The chapter also examines the practical obstacles to removal. These are often as important to the individual as the legal ones.
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter begins with a brief history of immigration law in the UK, focusing on key legislative developments and noting the themes which arise in that history. Twenty-first-century legislation is discussed in more detail, observing the trends of increasing restriction on those seeking asylum and reduction of appeal rights for all migrants. The tension between the executive and judiciary is noted as a background to much of the development. The chapter concludes with the sources of immigration law, including the immigration rules and policies, and explains that immigration law is not, as was once thought, founded in the prerogative.
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the structure of the appeals bodies—the Appeal Tribunal and the Special Immigration Appeals Commission—and their procedure and jurisdiction. It sets out the limited rights of appeal following implementation of the Immigration Act 2014. It has a section on administrative review. It concludes with a section on immigrants and asylum seekers’ access to legal representation.
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The eighth edition of the Textbook on Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law, and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the changes to the powers of removal and rights of appeal in the Immigration Acts 2014 and 2016. It also gives an account of the asylum process, and applications for protection for victims of trafficking.
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter describes the asylum process from application through to cessation of refugee status. The first two sections deal with entering the UK to claim asylum, and with the asylum application and decision-making; the third with the different routes through which an asylum claim can be processed, including ‘safe’ country of origin provisions and non-suspensive appeals, and returns to third countries pursuant to the Dublin Regulation. The fourth section concerns penalties connected with seeking asylum. The final sections cover remedies for victims of trafficking, and other procedures after appeal rights are exhausted, or asylum has been granted.
This chapter discusses human rights law as it affects immigration and asylum. It explains how human rights apply to decisions on entry and removal, and the extraterritorial application of Article 3, and its nature as an absolute right. The chapter discusses Article 8, and how the proportionality test is applied to removal decisions in particular. It considers the effect on Article 8 cases of the immigration rules, the Immigration Act 2014, and case law interpreting the relationship between the rules, statute, and human rights. It briefly covers other Articles, including recent cases on Article 10. It also refers to the interaction of human rights with the duty in s 55 Borders Citizenship and Immigration Act 2009 to have regard to children’s welfare.
This chapter considers the bases of nationality and citizenship, and traces the development of British nationality law, focusing on changes from 1948 to the present day. It looks at the effects of these changes on particular groups of people, characterised to a significant extent by progressive exclusion. It considers the fundamental incident of citizenship and the right to live in one’s own country, both as to the interaction of nationality and immigration law and as to the overall effect of full inclusion as a citizen. The bases for obtaining British nationality by registration and naturalisation are discussed, as are the powers of deprivation of citizenship. The possibility of asserting rights as a stateless person is also noted.
