Deportation Notes
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.
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.