Illegitimate Principles of Exclusion?
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Immigration, (2021)
Right to respect for private and family life: immigration, (2021) Right to respect for private and family life: immigration Last date of review: 02 March 2021 Last update: General updating. Authored by Austen Morgan 33 Bedford Row Chambers Convention rights - from the 1950 European Convention on Human Rights (ECHR) and given further effect by scheduling to the Human Rights Act 1998 (HRA) have applied incontrovertibly in domestic UK law since 2 October 2000. There was considerable discussion from 1997 about which rights would be litigated in future years, on the basis of the jurisprudence of the European Court of Human Rights (ECtHR) at Strasbourg, in the three jurisdictions of the United Kingdom (UK): England and Wales; Scotland; and Northern Ireland. Some commentators anticipated that art.8 (the right to respect for private and family life) would be important, as the basis of a new domestic right to privacy. Few, if any, predicted that the family life aspect of art.8 would play a significant role in UK immigration law and practice; this regulates the entry (and possibly exit) of non-nationals, whether as visitors, students, workers, investors or residents. Overview of Topic 1. This article looks at legislative, executive and judicial attempts to limit such art.8 cases since 2000, a project led by successive Secretaries of State (SoS) for the Home Department, of whom there have been six Labour, one coalition Conservative and three Conservatives in the past 20 years. 2. It considers the following topics: the structure of art.8 in immigration cases; how the SoS might theoretically limit its effect in tribunals and courts; the failed attempt to do so through the Immigration Rules; the slightly more successful attempt to do so through statute; the mixed response of the senior judiciary; and future prospects. -
EXPLANATORY NOTES Immigration Act 2014
EXPLANATORY NOTES Immigration Act 2014 Chapter 22 £11.00 These notes refer to the Immigration Act 2014 (c. 22) which received Royal Assent on 14 May 2014 IMMIGRATION ACT —————————— EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Immigration Act which received Royal Assent on 14 May 2014. They have been prepared by the Home Office in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. 3. A glossary of abbreviations and terms used in these explanatory notes is contained in the annex to these notes. SUMMARY 4. This Act is in 7 parts. 5. Part 1 of the Act, and Schedules 1 and 2, contain powers to enable the removal of persons unlawfully in the United Kingdom (“the UK”), enforcement powers, restrictions on bail and additional powers to take biometric information. 6. Part 2 amends rights of appeal, limiting immigration appeals to circumstances where there has been a refusal of a human rights or asylum or humanitarian protection claim, or where refugee status or humanitarian protection has been revoked. It also provides a power for the Secretary of State to certify that to require an appellant who is liable to deportation to leave the UK before their appeal is determined would not cause serious irreversible harm, in which case the person may only appeal from outside the UK. -
British Overseas Territories Law
British Overseas Territories Law Second Edition Ian Hendry and Susan Dickson HART PUBLISHING Bloomsbury Publishing Plc Kemp House , Chawley Park, Cumnor Hill, Oxford , OX2 9PH , UK HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published in Great Britain 2018 First edition published in 2011 Copyright © Ian Hendry and Susan Dickson , 2018 Ian Hendry and Susan Dickson have asserted their right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Authors of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/ open-government-licence/version/3 ) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/ , 1998–2018. A catalogue record for this book is available from the British Library. -
Written Evidence Submitted by UK Government (CPP0009)
Written evidence submitted by UK Government (CPP0009) 02 March 2021 Northern Ireland Affairs Committee Inquiry into Citizenship and Passport Processes in Northern Ireland Dear Chair, Thank you for the opportunity to provide evidence to the Northern Ireland Affairs Committee in relation to the Committee’s inquiry into Citizenship and Passport Processes in Northern Ireland. The work of the Committee, including the critical role it plays in Parliamentary scrutiny, is of the utmost importance to the Government. The Government is fully committed to the Belfast Agreement, the constitutional principles it upholds, and the rights it protects. This includes the birthright provision, which protects the rights of all the people of Northern Ireland to identify themselves and be accepted as Irish or British or both, as they may so choose, and the right to hold both British and Irish citizenship. To support the Committee’s inquiry, the Secretary of State for Northern Ireland has asked that I write to you, with the support of the Minister for Future Borders and Immigration, Kevin Foster MP, to provide detailed evidence in response to the inquiry’s terms of reference. UKG response to the terms of reference 1. The interaction between UK nationality law and the Belfast (Good Friday) Agreement, and any engagement with the European Convention on Human Rights (ECHR). The introductory remarks to the Committee’s inquiry1 state that the Belfast (Good Friday) Agreement: “guarantees the right of the people of Northern Ireland to identify as British, Irish or both -
6. the Immigration Act 2014 and the Right to Rent David Smith
6. The Immigration Act 2014 and the Right to Rent David Smith INTRODUCTION The Right to Rent is a new concept created by the Immigration Act 2014. It is distinct from the right to work and the right to reside and is a slightly lower standard than both of these in that it is available to people who are not eco- nomically active and have no recourse to public funds or a right to work in the UK. The essential purpose of the system, as with much of the Immigration Act 2014, is the creation of the so-called hostile environment for illegal migrants originally flagged by Theresa May in a 2012 interview in the Telegraph given when she was Home Secretary (Kirkup & Winnett, 2012). More recently this has been recast as the ‘compliant environment’ with a set of rules that those who might potentially interact with migrants must follow (Travis, 2017). The original 2014 Act has been hardened further by amendments made in the Immigration Act 2016 which has created specific criminal offences relating to breaches of the right to rent and have substantially increased the powers to evict people who lack the right to rent. However, there are very serious problems with elements of the right to rent in terms of its effects on the rights of individual occupiers and how it will work in the parts of the UK in which substantial law-making powers have been devolved to local governments. APPLICATION OF THE RIGHT TO RENT The right to rent provisions apply to all ‘residential tenancy agreements’ but this is defined in a way that is somewhat contrary to that understood by most lawyers. -
British Nationality Act 1981
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) British Nationality Act 1981 1981 CHAPTER 61 An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. [30th October 1981] Annotations: Modifications etc. (not altering text) C1 Act extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(2); amended by S.I. 1983/1699, art. 2(1) and amended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(1) C2 Act modified: (18.7.1996) by 1996 c. 41, s. 2(1); (19.3.1997) by 1997 c. 20, s. 2(1) C3 Act applied (19.3.1997) by 1997 c. 20, s. 1(8) C4 Act amended (2.10.2000) by S.I. 2000/2326, art. 8 C5 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 3(3); S.I. 2002/1252, art. 2 C6 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(2); S.I. 2002/1252, art. 2 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. -
“No Passport Equals No Home”: an Independent Evaluation of the 'Right to Rent' Scheme
“No Passport Equals No Home”: An independent evaluation of the ‘Right to Rent’ scheme 3 September 2015 Joint Council for the Welfare of Immigrants (JCWI) is an independent national charity that provides direct legal assistance to immigrants and campaigns for a human rights based approach to the formulation of asylum, immigration and nationality law. JCWI was founded in 1967. The Movement Against Xenophobia (MAX) is a coalition of civil society groups, faith groups, trade unions and individuals who have come together to oppose xenophobia and misinformation in the debate on immigration. MAX was launched in October 2013 and has grown rapidly since then. It now has 165 affiliated organisations. JCWI is the founding member and the secretariat for MAX. We would like to thank the following organisations and individuals who have contributed to the evaluation: Asylum Support and Immigration Resource Team (ASIRT) Barbara Cohen Chartered Institute of Housing (CIH) Citizens UK Coventry Law Centre (Birmingham Branch) Discrimination Law Association (DLA) Generation Rent Hansen Palomares Immigration Law Practitioner’s Association (ILPA) Refugee and Migrant Centre (RMC) Wolverhampton Shelter Southwark Law Centre Sue Lukes The National Union of Students (NUS) The University of Sheffield and Sheffield Student’s Union UK Council for International Student Affairs (UKCISA) We would also like to thank all organisations who shared and distributed the surveys and information about the independent evaluation. Authors of this report are: Saira Grant, Legal & Policy Director, JCWI Charlotte Peel, Policy Officer, JCWI Special thanks to Jenny Brown, an intern with JCWI, who has assisted with the research and writing of this report. -
British Nationality Act 1981 (Remedial) Order 2018
The Government Response to the fifth report from the Joint Committee on Human Rights, Session 2017-19 (HC 926, HL paper 146): Proposal for a draft British Nationality Act 1981 (Remedial) Order 2018 January 2019 The Government Response to the fifth report from the Joint Committee on Human Rights, Session 2017-19 (HC 926, HL paper 146): Proposal for a draft British Nationality Act 1981 (Remedial) Order 2018 Presented to Parliament pursuant to paragraph 3(2) of Schedule 2 to the Human Rights Act 1998 January 2019 © Crown copyright 2019 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at: Home Office Migrant Criminality Policy BICS Policy and International Group 2nd Floor, Peel Building 2 Marsham Street London, SW1P 4DF e-mail: [email protected] ISBN 978-1-5286-0963-0 CCS0119338728 01/19 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office Contents Statement of representations Page 1 Annex A: Letter from the Immigration Minister to the Page 7 Joint Committee on Human Rights Annex B: The Remedial Order Page 11 STATEMENT OF SUMMARY OF REPRESENTATIONS ON THE BRITISH NATIONALITY ACT 1981 (REMEDIAL) ORDER 2019 Introduction 1. -
12730 Analysis of Law in UK BRX:Layout 1
Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Prepared for the British Red Cross by The views expressed in the report are those of the authors and do not necessarily reflect the views of the British Red Cross. This report is part of a wider study on cross-border disaster assistance within the EU, carried out in conjunction with five other European National Societies, under the overall co-ordination of the International Federation of Red Cross and Red Crescent Societies. The wider project received funding from the European Commission, who bear no responsibility for the content or use of the information contained in this report. Front cover photograph © Layton Thompson/British Red Cross Flood relief measures in Oxford, 25 July 2007 Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Foreword The United Kingdom is in the fortunate position of Fisher (International Federation of Red Cross and Red being less susceptible to large-scale natural disasters Crescent Societies), Mr Tim Gordon (HMRC), Mr than many other countries. Even so, and as recent Gordon MacMillan (Hanover Associates UK), Mr Roy years have shown, our territory may still be subject to Wilshire (Chief Fire Officer, Hertfordshire County) such emergencies as flooding, and the effects of severe and Ms Moya Wood-Heath (British Red Cross). winter weather. We also wish to thank the authors of this report, The purpose of this study, commissioned by the British Justine Stefanelli and Sarah Williams of the British Red Cross, is to examine the extent to which the legal, Institute of International and Comparative Law, administrative and operational framework for disaster who were assisted by Katharine Everett, Frances response within the UK is able to facilitate potential McClenaghan, Hidenori Takai and Payam Yoseflavi. -
Murray C. the Magna Carta's Tainted Legacy
Murray C. The Magna Carta’s Tainted Legacy: Historic Justifications for a British Bill of Rights and the case against the Human Rights Act. In: Cowell, F, ed. Critically Examining the Case Against the 1998 Human Rights Act. Oxford: Routledge, 2018, pp.35-51. Copyright: This is an Accepted Manuscript of a book chapter published by Routledge in Critically Examining the Case Against the 1998 Human Rights Act on 13/09/2017, available online: https://www.routledge.com/Critically-Examining-the-Case-Against-the-1998-Human-Rights- Act/Cowell/p/book/9781138223820 URL link to book: https://www.routledge.com/Critically-Examining-the-Case-Against-the-1998-Human-Rights- Act/Cowell/p/book/9781138223820 Date deposited: 04/07/2017 Embargo release date: 13 March 2019 Newcastle University ePrints - eprint.ncl.ac.uk Magna Carta’s Tainted Legacy: Historic Justifications for a British Bill of Rights and the case against the Human Rights Act C.R.G. Murray* Key Words Magna Carta – Human Rights – UK Exceptionalism – British Bill of Rights Abstract Close scrutiny rarely flatters the foundation myths of political orders, but this has not stopped such myths being co-opted for political ends. The near-mythical place of Magna Carta within the UK’s constitutional history allowed the Conservative Government to hitch its proposals for repeal of the Human Rights Act to celebrations of its 800-year anniversary. Celebrating a Charter which supposedly embodies the genesis of legal limitations on previously absolute power would seemingly sit uneasily with the Conservative Party’s commitment to parliamentary sovereignty in the face of the constraints imposed by the European Convention on Human Rights. -
Immigration Bill
HOUSE OF LORDS Select Committee on the Constitution 7th Report of Session 2015‒16 Immigration Bill Ordered to be printed 21 December 2015 and published 11 January 2016 Published by the Authority of the House of Lords HL Paper 75 Select Committee on the Constitution The Constitution Committee is appointed by the House of Lords in each session “to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution.” Membership The Members of the Constitution Committee are: Lord Brennan Lord Judge Lord Maclennan of Rogart Lord Cullen of Whitekirk Lord Lang of Monkton (Chairman) Lord Morgan Baroness Dean of Thornton-le-Fylde Lord Lester of Herne Hill Lord Norton of Louth Lord Hunt of Wirral Lord MacGregor of Pulham Market Baroness Taylor of Bolton Declarations of interests A full list of Members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests Publications All publications of the committee are available at: http://www.parliament.uk/hlconstitution Parliament Live Live coverage of debates and public sessions of the committee’s meetings are available at: http://www.parliamentlive.tv Further information Further information about the House of Lords and its committees, including guidance to witnesses, details of current inquiries and forthcoming meetings is available at: http://www.parliament.uk/business/lords Committee staff The current staff of the committee are Antony Willott (Clerk), Dr Stuart Hallifax (Policy Analyst) and Hadia Garwell (Committee Assistant). Professor Stephen Tierney and Professor Mark Elliott are the legal advisers to the Committee. -
Orders Page 1
HIGH COURT OF AUSTRALIA FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ PLAINTIFF M68/2015 PLAINTIFF AND MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ORS DEFENDANTS Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1 3 February 2016 M68/2015 ORDER The questions stated by the parties in the amended special case dated 7 October 2015, as paraphrased, be answered as follows: Question (1) Does the plaintiff have standing to challenge whether the conduct of the Commonwealth or the Minister in securing, funding and participating in the plaintiff's detention at RPC 3 on Nauru was authorised by a valid law of the Commonwealth or was part of the executive power of the Commonwealth? Answer Yes. Question (2a) Was the conduct of the Commonwealth in signing the Memorandum of Understanding dated 3 August 2013 authorised by s 61 of the Constitution? 2. Answer Yes. Question (2b) Was the conduct of the Commonwealth in giving effect to that arrangement authorised by a valid law of the Commonwealth? Answer Yes, it was authorised by s 198AHA of the Migration Act 1958 (Cth), which is a valid law of the Commonwealth. Question (3) Were the laws by which the plaintiff was detained on Nauru contrary to the Constitution of Nauru? Answer The question does not arise. Questions (4) and (5) Was the conduct of the Commonwealth in securing, funding and participating in the plaintiff's detention at RPC 3 on Nauru authorised by a valid law of the Commonwealth? Answer Yes, see the answer to questions (2a) and (2b).