Immigration Notes Deportation Law Abbreviations Imm=immigration D=deportation Crim=criminal/criminality Br=British Fam=family IA=Immigration Act P=person BNA=British Nationality Act What do we need to know? British law, implications of Art8, EU citizens and their family members. To what extent migrants with a right of residence should be liable to expulsion after having been convicted of one or more criminal offences.
Lecture Notes Concerned with people who have a right to stay and have that right taken away and being deported. Law in this area has radically been reformed- goes back to 2006 controversy (foreign national prisoners- media issue about foreign nationals being convicted of serious crimes have not been considered for deportation). This led to changes- Labour tightened rules in 2006/2007. As part of 9July 2012 reforms, there has been a change of statements concerning art8 relating to deportation. Dealing with 3 systems: -British law -Art8 ECHR- rights to family and private life. More and more the main port of call for those wishing to resist deportation. -EU free movement law- primarily applied to EEA nationals and their family members. Higher level of protection than Art8. (Turkish nationals and fam members are able to benefit from at least part of EU regime). Different to removal- when people don’t have status and are being expelled. Deportation is about withdrawing the right to be in the country. Up to SS to deport or not- independent of any obligations. Automatic deportation came out of 2006 controversy (semi-automatic to be precise). 12 months is the main requirement. The idea is that if someone doesn’t have nationality and have been convicted of 12+ months then they must leave. s32(5) not discretionary. But there are exceptions in s33 UK Borders Act 2007. Looks like discretion has been taken out but it is inevitable that it will be a balancing exercise. In practice, discretion still has to be exercised by administrative decision makers.
Appeals: historically had full appeal rights. What is the continuing role of discretionary deportation? Someone may be pushed for deportation without having been convicted of a criminal offence in the UK. There may be criminal type of deportations not resulting in criminal convictions. Deportations on national security grounds/relations with other states. Offences under 12 months, especially immigration offences such as use of fraudulent use of documents. Deportation order has to be expressly revoked, it doesn’t lapse. Once people are outside the UK, Art8 claims will be diluted over time. Article8: centerpiece of a lot of legal discussion now. Why is it so central? It’s to do with various reforms. Before 2006, Immigration rules provided public interest to be balanced against compassionate circumstances. There was no presumption there. Rules were changed and presumption in favour of immigration was introduced- would only be rejected if breached international law. British law has become much more tougher. European looks like a massive constrain on policy but these things would still be considered domestically even if no European regime. Current government, HS in particular, likes to stand up against judges who are getting in the way (goes round and round without changing anything).Gives interpretation of art8 within immigration rules. More lecture notes on a separate document.
Book Notes D is taking away right of residence from a foreign national (not removal as it relates to those with no right of residence). Revival of D in 2006 due to media. ECHR sees D as administrative sanction, not double jeopardy (punishment). Confirmed in UK courts where held D is preventative rather than punitive (AT(Pakistan) v SSHD 2010). Grounds for D= SS deems D to be conducive to the public good under s3(5)(a) (proved/ deemed proved by statute) Grounds for removal= overstaying and breach of conditions (regulatory and are concerned with imm control). What is deportation? Enforced...
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