Research Proposal on "UK Immigration Law"

Research Proposal 27 pages (8560 words) Sources: 8 Style: Harvard

[EXCERPT] . . . .

UK Immigration and European Convention on Human Rights (echr)

The research question in this study is that of: 'To what extent are deportation orders made by the Secretary of State on the ground that it is conducive to the public good in relation to the national security compatible with Articles 3 and 8 of the ECHR?'

This work intends to examine deportation orders when made by the Secretary of State on the basis that such deportation is conducive to the public good regarding national security and the compatibility of such deportation orders with Articles 3 and 8 of the Europeans Convention on Human Rights (ECHR).

European Convention on Human Rights: Article 3 - 'Prohibition of Torture'

The European Convention on Human Rights: Article 3 - 'Prohibition of Torture' states as follows:

No one shall be subjected to torture or to inhuman or degrading treatment or punishment." (Asylum Policy Instructions, 2006)

European Convention on Human Rights: Article 8 - 'Right to Respect for Private and Family Life'

The European Convention on Human Rights - Article 8 - 'Right to respect for private and family life' states as follows:

1) Everyone has the right to respect for his private and family life, his home and his correspondence; and 2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protecti

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on of health or morals, or for the protection of the rights and freedoms of others." (Asylum Policy Instructions, 2006)

IV. Introduction

Prior to the Human Rights act of 1998 anyone who might want to bring a claim against the United Kingdom government for having acted in breach of the Convention on Human Rights had only the option of filing this claim before the European Court of Human Rights in Strasbourg and was required to demonstrate that all remedies in the UK courts had been exhausted. Because this process was "inevitably lengthy and expensive it was the decision of the Parliament that this was unacceptable and that "the importance of maintaining human rights in the country means that rights guaranteed by the Convention should be enforceable in domestic courts." (Asylum Policy Instructions, 2006) This resulted in the introduction of the Human Rights Act 1998.

In the procedures of the 'Return [of] Irregular Migrants' and as stated by Amnesty International in regards to Human Rights and specifically from the perspective of Articles 3 and 8 of the European Convention on Human Rights (ECHR) there are issues relating to forced return of migrants upon the basis of the individual being a threat to national security in the UK that results in an overbroad definition of specifically how this is applicable. The Amnesty International work entitled: "Returning 'Irregular' Migrants: The Human Rights Perspective" states in relation to Article 2 of the ECHR that Article (3) b: notion of 'illegal stay' should "be further clarified in order to insert safeguards regarding asylum-seekers being removed under a 'safe third country' procedure or responsibility sharing agreement." (Amnesty International, 2006) it is the position of Amnesty International that 'particular safeguards need to be put in place for the return to third countries of asylum-seekers whose applications have not been determined on substance in a Member State. In those cases, removal should be implemented only if access is assured to an asylum procedure in the relevant country and to effective protection in cases where it is needed." (Amnesty International, 2006) the recommendation of Amnesty International is that Article 3(b) be amended to "clearly exclude asylum seekers who have not yet been issued a final decision at first instance or in an appeal." (Amnesty International, 2006)

Amnesty International also states that it "welcomes the provision in article 8(1) for Member States to postpone the enforcement of a return decision as a result of specific circumstances of the individual case." (2006) Amnesty International states that it urges States to "recognize that there are additional factors providing sound grounds for postponing a return decision which are not referred to in the draft directive." (2006) Amnesty International further states the recommendation that "....references be included in Article 8 (2) (b) to cases where the third country fails to co-operate in the issuance of travel document, one of the most frequent obstacles to removal. In order for returns not to destabilize a fragile country, Amnesty International believes that UNHCR should be consulted about the conditions for enforcing removals to countries of origin which have experienced large scale forced migration, conflict situations, or are facing heavy reconstruction challenges." (Amnesty International, 2006) Therefore, Amnesty International states the recommendation that article 8 be amended accordingly.

In regards to unaccompanied minors it is stated that Amnesty International "...welcomes the safeguards included in article 8.2 - in relation to the return of accompanied minors. However, to ensure that these safeguards are implemented in practice, clarification and additional guarantees are needed in order to ensure that the best interest of the child is a primary consideration. In order to enhance children's protection, the directive should establish criteria determining to which competent authorities will assess the need to postpone a removal order. Such criteria could include the age of the claimant, his/her family situation, his/her degree of integration in the host country. Amnesty International also believes that the current draft is too vague when it comes to assessing the reception conditions in the country of origin While in its present form, the draft directive states that minors could be handed over to "a family member," "a guardian or an equivalent representative" or "a competent official of the country of return," we believe that unaccompanied children should only be returned when they are handed over to the person who will be their primary carer, whether that is a family member or a legal guardian. The child and his/her legal guardian in the EU Member State must be informed of the name of the person to whom the child will be handed over, as well as the person's future relationship to the child. An additional provision is required to ensure that any postponement of separated child's return is communicated to that child and to their legal guardian." (Amnesty International, 2006) the recommendation of Amnesty International is that article 8.2- be amended accordingly.

CHAPTER TWO

I. Case Law - Examination of the Issues in Articles 3 and 8

A. Article 8

In order to understand the scope of the protection in Article 3 and Article 8 of the ECHR this work first examines cases that are general in regards to the protections afforded under these two articles. The first of these cases illustrating the general provisions of protection is found in the work entitled: "ECHR Case Law - Copeland vs. United Kingdom" reports a case in which Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms was violated. It is stated that the applicant "complained about the monitoring of her telephone calls, e-mail correspondence and internet usage under Articles 8 and 13." (Legile Internetului, 2009) it is additionally stated in the section entitled: 'The Law: I. Alleged Violation of Article 8 of the Convention' as follows:

The applicant alleged that the monitoring activity that took place amounted to an interference with her right to respect for private life and correspondence under Article 8, which reads as follows: (1) "Everyone has the right to respect for his private and family life, his home and his correspondence; and (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, or the protection of health or morals, or for the protection of the rights and freedoms of others." (Legile Internetului, 2009)

It is related that the government "...accepted that the College was a public body for whose actions the State was directly responsible under the Convention. The government additionally stated the following claims:

Although there had been some monitoring of the applicant's telephone calls, e-mails and internet usage prior to November 1999, this did not extend to the interception of telephone calls or the analysis of the content of websites visited by her. The monitoring thus amounted to nothing more than the analysis of automatically generated information to determine whether College facilities had been used for personal purposes which, of itself, did not constitute a failure to respect private life or correspondence. The case of P.G. And J.H. v. The United Kingdom, no. 44787/98, ECHR 2001?IX, could be distinguished since there actual interception of telephone calls occurred. There were significant differences from the case of Halford v. The United Kingdom, judgment of 25 June 1997,… READ MORE

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Quoted Instructions for "UK Immigration Law" Assignment:

“

PROJECT AREA: HUMAN RIGHTS

TOPIC: UK Immigration and European Convention on Human Rights (ECHR)

RESEARCH QUESTION: *****˜To what extent are deportation orders made by the Secretary of State on the ground that it is conducive to the public good in relation to the national security compatible with Articles 3 and 8 of the ECHR

1.1 WORD LIMIT: 10,000.The word limit does not include footnotes, the bibliography and appendices. Footnotes should not be abused. They should only be used for referencing only. For example, they might be used to cross reference a page, for case citations or to indicate a section number in a statute. Footnotes should not be used to include substantive text or explanatory material.

TO BE IN AT LEAST THREE chapter formats which will consist of sub-questions from the research question, this does not include the introduction and the conclusion

PLEASE NOTE THE: Research question to be broken down into *****˜sub-questions which would constitute the questions to answer along the way when answering the overall question and to structure the chapters around these questions.

In the Introduction, please state the case that the project will make,

Outlining the structure of project and providing the context of discussion.

PLEASE NOTE THE: Introduction will consist of the analysis and evaluation of the overall argument and discussion.

To consider all the principles of the national security deportation such as Memorandum of Understanding (MOU), Control Orders, All The Detention Process of the National Security Deportation, etc.

CASES TO CONSIDER: Chahal, Abu Qatada, Binyam who was recently released from Gauntanomabay, etc and the ECtHR decisions on the national security cases. To consider all the cases where national security deportation orders made by the Secretary of State were uphold and dismissed.

RESOURCES SHOULD BE LIMITED TO UK ONLY UNLESS WHERE INTERNATIONAL LAW APPLIES: The UK Statute Database & Special Immigration Appeals Commission website and UK journals such as;legal studies, law and society, modern law review, law quarterly review, etc.

To look at the UK Immigration Act of 1971 as amended by the 1988,1993,1996,1997, 1999, 2002, 2004, 2006 and 2007 Acts and to note the changes in the public good deportation under the UK Borders Act 2007

To look into Anti-Terrorism, Crime and Security Act 2001, Criminal Justice and Immigration Act 2008 etc

REFERENCING: Footnotes & Bibliography to be used but does not count towards the final word count

Copy of the first page of articles relied on must be attached

Copy of the website relied on must be attached

IMPORTANT RULE: Current resources must be used because of the changing nature of the UK Immigration law and the ECHR.

INDICATIVE READING LIST

Core

As determined by individual student

IOLIS CD-Rom

Background

As determined by individual student

Optional

Holborn, G, Butterworths Legal Research Guide, London: Butterworths (2001)

Dane. J, & Thomas, P. A., How to use a law Library: an introduction to legal skills, London: Sweet & Maxwell (1996)

French, D, How to Cite Legal Authorities, London: Blackstone Press Ltd (1996)

Bradney, A, et al, How to Study Law, London: Sweet & Maxwell (4th Edition, 2000)

Lawrence, P, Law on the Internet: A Practical Guide, London: Sweet & Maxwell (2000)

Stott, D, Legal Research, London: Cavendish Publishing (2003)

USEFUL INTERNET SITES

http://www.kent.ac.uk

This is Kent University*****s web site. Access their law library, which will then provide excellent gateways to a multitude of legal sites

http://www.legal.net

Gateway site to huge database of US law - useful for comparative research.

http://www.findlaw.com

Very comprehensive US searchable database- great for comparative studies

http://www.intute.ac.uk/socialsciences/law/

Intute UK website

Database Sites

http://www.lawtel.co.uk

WestLaw and LexisNexis *****“ access through Library website by using student

online ID and password

1. Marking the project

1.1 The Project will be marked by the relevant supervisor and double marked by the member of the law department who double marked the Project Proposal.

1.2 The Project will be marked against the following indicative criteria:

(a) Problem Formulation

Relevance of the topic; clear statement of the goal or concern; the extent to which the aims of the Project are realised; unity *****“ a definite point of view is developed and a conclusion, consistent with the intended goal, is clearly stated.

(b) Methodology

The extent of knowledge of the literature in the field chosen; justification of method and consistency of the research material with the intended goal, is clearly stated.

(c) Development of the main theme.

Good conceptual understanding and analysis; comprehensive survey of relevant issues; relevant reading effectively incorporated by appropriate quotation or references; knowledge and discussion of alternative views: assumption and premises are clearly labelled and justified.

(d) Standard of Presentation.

Overall structure; parts are integrated: good paragraph structure and transitions between paragraphs. Style of presentation. Clarity. Accuracy of referencing. Good use of English and grammar. The Project must be either word processed or typed.

(d) Originality.

The student should control the materials and readings used, using them for their research purpose. Thoughtfulness and imagination will be evaluated.

(e) Conclusions and recommendations.

Fully formulated conclusions that reflect the body of the work, and which represent a coherent and persuasive summary and culmination of the polemic advanced in the body of the work. Originality of any recommendations put forward.External

2. Viva Voce

2.1 A student may be called for an oral examination on their project if the Project Director feels that for any reason this is necessary before a mark can be awarded.

3. Referencing

The OSCOLA or Oxford referencing system should be used in writing the proposal and the dissertation *****“ a document outlining the OSCOLA system of referencing can be found at http://denning.law.ox.ac.uk/published/oscola_2006.pdf and should be read by all students

Governmental Sites

http://www.direct.gov.uk

Access to Bills, Acts, white papers, government announcements and reports, parliamentary debates and reports

http://www.uk-legislation.hmso.gov.uk/about/index.htm

Excellent source of material such as Acts of Parliament, Command Papers, and current Bills

http://www.parliament.uk

Gateway site for the House of Commons and the House of Lords

http://www.number10.gov.uk/Page203

Website linking to individual government department websites for press releases and other documents

Law Reports

http://www.lawreports.co.uk/

This is the site of the Incorporated Council of Law Reporting. It has student pages with case summaries plus a 24 hour updated legal news page including daily reports

http://www.bailii.org/

The website of the British and Irish Legal Information Institute with free full-text access to UK, Irish and EU legal materials including case reports. Its case law databases include all House of Lords decisions from14th November 1996 onwards; Privy Council judgments 1996 onwards and selected earlier judgments; Court of Appeal (Civil Division) and High Court (Administrative Court and Crown Office List), all cases from 1996 to August 1999, all significant handed down decisions September 1999 to December 2002, and all substantive judgments January 2003 onwards; Court of Appeal (Criminal Division), all decisions from 1986 to August 1999 and some significant handed down decisions August 1999 onwards. The judgments are published on the web site within three days of their release in an approved form. Other divisions of the High Court, selected decisions 1997 onwards. Some older decisions of the above courts are also being added. Employment Appeal Tribunal, selected decisions 1989 onwards; Immigration Appeal Tribunal, selected decisions 1996 onwards; Finance and Tax Tribunals decisions 1999 onwards; Social Security and Child Support Commissioners selected decisions 1972 onwards

http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm

Free site containing the full text of recent House of Lords***** decisions - fully downloadable to print or disk.

http://www.timesonline.co.uk/tol/news/

This site has a searchable database going back to 1st January 1996 which contains all law reports published in The Times newspaper.

Publishers

http://www.routledgelaw.com/

Useful information for students and good links - with regular case updates and a virtual classroom

http://www.lexisnexis.co.uk/file/ae13c00502e28ba8240c27f01582e964/law-sector-homepage.html

Site for Butterworth Lexis Nexis, a leading law publisher

http://www.sweetandmaxwell.co.uk/

Site for Thomson Sweet and Maxwell, a leading law publisher

Other Resources

http://www.wwlia.org/

Very useful on-line law dictionary

http://vnweb.hwwilsonweb.com/hww/Journals/

WilsonWeb Journal Directory

http://www.law.cam.ac.uk/resources_jour.php

University of Cambridge Law Department*****s search engine of law journals on the internet

How to Reference "UK Immigration Law" Research Proposal in a Bibliography

“UK Immigration Law.” A1-TermPaper.com, 2009, https://www.a1-termpaper.com/topics/essay/uk-immigration-european-convention/70084. Accessed 1 Jul 2024.

UK Immigration Law (2009). Retrieved from https://www.a1-termpaper.com/topics/essay/uk-immigration-european-convention/70084

A1-TermPaper.com. (2009). UK Immigration Law. [online] Available at: https://www.a1-termpaper.com/topics/essay/uk-immigration-european-convention/70084 [Accessed 1 Jul, 2024].

”UK Immigration Law” 2009. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/uk-immigration-european-convention/70084.

”UK Immigration Law” A1-TermPaper.com, Last modified 2024. https://www.a1-termpaper.com/topics/essay/uk-immigration-european-convention/70084.

[1] ”UK Immigration Law”, A1-TermPaper.com, 2009. [Online]. Available: https://www.a1-termpaper.com/topics/essay/uk-immigration-european-convention/70084. [Accessed: 1-Jul-2024].

1. UK Immigration Law [Internet]. A1-TermPaper.com. 2009 [cited 1 July 2024]. Available from: https://www.a1-termpaper.com/topics/essay/uk-immigration-european-convention/70084

1. UK Immigration Law. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/uk-immigration-european-convention/70084. Published 2009. Accessed July 1, 2024.

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