Pub Date : 2018-09-01DOI: 10.1093/he/9780198815211.003.0004
G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray
This chapter discusses the law which governs the free movement of people within the EU. As such, it is principally about the movement of EU nationals. The movement of non-EU nationals, known in European law as third-country nationals, may come within the ambit of EU law due to their connection with EU nationals, for instance as a spouse, family member, or employee. The chapter concentrates on the rights of EU nationals and their families to move within the EU, and covers the powers to deport or remove EU nationals. It also considers the possible impacts of Brexit on free movement rights.
{"title":"4. Freedom of movement for EU nationals","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray","doi":"10.1093/he/9780198815211.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198815211.003.0004","url":null,"abstract":"This chapter discusses the law which governs the free movement of people within the EU. As such, it is principally about the movement of EU nationals. The movement of non-EU nationals, known in European law as third-country nationals, may come within the ambit of EU law due to their connection with EU nationals, for instance as a spouse, family member, or employee. The chapter concentrates on the rights of EU nationals and their families to move within the EU, and covers the powers to deport or remove EU nationals. It also considers the possible impacts of Brexit on free movement rights.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121760688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-09-01DOI: 10.1093/HE/9780198815211.003.0002
G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray
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.
{"title":"2. Policy, politics, and the media","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray","doi":"10.1093/HE/9780198815211.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198815211.003.0002","url":null,"abstract":"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.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"37 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129374955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-09-01DOI: 10.1093/he/9780198815211.003.0003
G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray
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.
{"title":"3. Nationality, citizenship, and right of abode","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray","doi":"10.1093/he/9780198815211.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198815211.003.0003","url":null,"abstract":"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.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116963239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter describes the development of the grounds in law for exercising the power to remove a person from the UK, from Immigration Act 1971 to 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 Immigration Act 2014 s 1 abolished the historic distinction between overstayers and illegal entrants and replaced a number of separate powers with a single power to remove a person who requires leave to enter or remain in the UK but does not have it. The chapter also examines the practical obstacles to removal. These are often as important to the individual as the legal ones.
{"title":"16. Removal","authors":"Gina Clayton, Georgina Firth, Caroline Sawyer, Rowena Moffatt","doi":"10.1093/he/9780198815211.003.0016","DOIUrl":"https://doi.org/10.1093/he/9780198815211.003.0016","url":null,"abstract":"This chapter describes the development of the grounds in law for exercising the power to remove a person from the UK, from Immigration Act 1971 to 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 Immigration Act 2014 s 1 abolished the historic distinction between overstayers and illegal entrants and replaced a number of separate powers with a single power to remove a person who requires leave to enter or remain in the UK but does not have it. The chapter also examines the practical obstacles to removal. These are often as important to the individual as the legal ones.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125843562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-02DOI: 10.1093/he/9780198815211.003.0015
G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter gives a brief history of the power of deportation. It then discusses in some detail the application of the ground that the deportation is conducive to the public good. This includes discussion of so-called automatic deportation under the UK Borders Act 2007, and of national security cases. The chapter also covers the Immigration Act 2014 provisions relating to deportation, including compulsory considerations for decision-makers and the power to ‘deport first appeal later’. The new case law on these provisions is also covered.
{"title":"15. Deportation","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray","doi":"10.1093/he/9780198815211.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198815211.003.0015","url":null,"abstract":"Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter gives a brief history of the power of deportation. It then discusses in some detail the application of the ground that the deportation is conducive to the public good. This includes discussion of so-called automatic deportation under the UK Borders Act 2007, and of national security cases. The chapter also covers the Immigration Act 2014 provisions relating to deportation, including compulsory considerations for decision-makers and the power to ‘deport first appeal later’. The new case law on these provisions is also covered.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123815884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-02DOI: 10.1093/he/9780198815211.003.0014
G. Clayton, G. Firth, C. Sawyer, R. Moffatt
This chapter focuses on the issue of immigration detention. The deprivation of liberty is one of the most serious infringements of fundamental human rights. In immigration law, individuals lose their liberty through the exercise of a statutory discretion by the Home Office or immigration officers. The chapter considers the statutory powers and executive guidelines, together with human rights and common law rules. The use of detention is an increasingly common phenomenon in the asylum process, and the key role of immigration bail is examined. The former use of indefinite detention for foreign terrorist suspects is discussed at the end of the chapter.
{"title":"14. Detention","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt","doi":"10.1093/he/9780198815211.003.0014","DOIUrl":"https://doi.org/10.1093/he/9780198815211.003.0014","url":null,"abstract":"This chapter focuses on the issue of immigration detention. The deprivation of liberty is one of the most serious infringements of fundamental human rights. In immigration law, individuals lose their liberty through the exercise of a statutory discretion by the Home Office or immigration officers. The chapter considers the statutory powers and executive guidelines, together with human rights and common law rules. The use of detention is an increasingly common phenomenon in the asylum process, and the key role of immigration bail is examined. The former use of indefinite detention for foreign terrorist suspects is discussed at the end of the chapter.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129178012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-07-21DOI: 10.1093/he/9780198747550.003.0011
G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray
This chapter describes the asylum process from application through to the cessation of refugee status. The first two sections deal with entering the UK to claim asylum, and with the asylum application and decision-making, while the third explores 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 the victims of trafficking, and other procedures after appeal rights are exhausted, or asylum has been granted.
{"title":"11. The asylum process","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray","doi":"10.1093/he/9780198747550.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198747550.003.0011","url":null,"abstract":"This chapter describes the asylum process from application through to the cessation of refugee status. The first two sections deal with entering the UK to claim asylum, and with the asylum application and decision-making, while the third explores 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 the victims of trafficking, and other procedures after appeal rights are exhausted, or asylum has been granted.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133729842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-07-21DOI: 10.1093/he/9780198747550.003.0005
G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray
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.
{"title":"5. Immigration law and human rights","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray","doi":"10.1093/he/9780198747550.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198747550.003.0005","url":null,"abstract":"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.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123831442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-07-21DOI: 10.1093/HE/9780198747550.003.0007
G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray
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.
{"title":"7. Challenging decisions: appeals, administrative and judicial review","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray","doi":"10.1093/HE/9780198747550.003.0007","DOIUrl":"https://doi.org/10.1093/HE/9780198747550.003.0007","url":null,"abstract":"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.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124081626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-07-21DOI: 10.1093/HE/9780198747550.003.0013
G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray
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. These powers were little used in the twentieth century, but now are used increasingly often in the context of the escalation in international action against terrorism. Their interpretation and application are affected by domestic legislation, in the UK, the Nationality Immigration and Asylum Act 2002, the Immigration Asylum and Nationality Act 2006, and the Terrorism Acts of 2000 and 2006, and draw on international criminal law. 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.
{"title":"13. Exclusion from asylum","authors":"G. Clayton, G. Firth, C. Sawyer, R. Moffatt, H. Wray","doi":"10.1093/HE/9780198747550.003.0013","DOIUrl":"https://doi.org/10.1093/HE/9780198747550.003.0013","url":null,"abstract":"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. These powers were little used in the twentieth century, but now are used increasingly often in the context of the escalation in international action against terrorism. Their interpretation and application are affected by domestic legislation, in the UK, the Nationality Immigration and Asylum Act 2002, the Immigration Asylum and Nationality Act 2006, and the Terrorism Acts of 2000 and 2006, and draw on international criminal law. 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.","PeriodicalId":152948,"journal":{"name":"Immigration & Asylum Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114939386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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