How will the Borders, Citizenship and Immigration Act of 2009 effect present life and future life within the United Kingdom? The Human Rights Act of 1998 was expanded in October 2000 to include rights under the European Convention on Human Rights (ECHR). …
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This expansion has extended the basis, which an individual can be allowed to remain in the UK for protection and humanitarian reasons. There have also been major changes in the prevention of being removed from the UK if the removal would result in a very serious intervention in their family or private life. (Cole & Yousaf 2011).
The following information gives reference to key features of the Borders, Citizenship and Immigration Act of 2009 and its impact on life in the UK both now and in the future. The information has been obtained through use of the internet through referencing specific information concerning the Borders, Citizenship and Immigration Act of 2009. Key features of the act and how it will effect life in the United Kingdom both now and the future were major contributors of internet exploration.
Section A: Effectiveness of Immigration
Immigration officers and police constables sustain the right to arrest without warrant anyone who they feel has committed an immigration offence. In fact, it is a criminal offence to withhold information from an immigration officer or to lie and give false information or documents. There is no “right of silence” and the responsibility lies with the individual to prove that he or she qualifies for the status under the law. (Your Rights 2010). The law allows for the investigation and detention of anyone suspected of breaking the law. This creates a tendency to frequently question black people about their immigration status when confronted with police even when there is no other reason for suspicion. There are Codes of Practice under the Police and Criminal Evidence Act of 1984 that do not apply to the immigration officers, however, they have agreed to follow the codes voluntarily. (Your Rights 2010). Immigrants that knowlingly remain longer than allowed by immigration officers or the Home Office without permission become known as “overstayers” and is considered a criminal offence. (Your Rights 2010). It does not matter whether they have overstayed for many years or a few days; they can be arrested and required to appear before the Magistrates’ Court. A fine can be imposed, a prison sentence required or it can be recommended that the person be deported. (Your Rights 2011). Persons who are not British citizens or Commonwealth citizens with the “right of abode”, or Irish citizens who lived here before January 1, 1973 and have lived here since can be deported by a court if they are convicted of any crime which has a penalty of imprisonment. The court can stipulate this even if the person has previously been allowed to stay in Britain permanently. There are special conditions that apply if the person is an EEA national or a family member of a national. However, these persons are automatically granted a “right of appeal” when sentenced. This is only a recommendation and is not binding; however, it is up to the Home Office
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Thereafter, it is up to Parliament to take suitable action, if deemed necessary.1 In its White Paper, the UK Government clarified that the Human Rights Act 1998 was aimed at providing a novel basis for the interpretation of every piece of legislation by the judiciary.
This is because the UK is only bound by the Convention under international law, but not domestically. With the passage of the HRA 1998 however, Convention rights have been domesticated and become part of English law to which courts are obligated to legally defer to in their decisions.
12). However, among its main features, the 2009 Act functions to strengthen the control of the border, regulate and extend the time for obtaining UK citizenship and implements a new duty under the UK Borders Act 2007 to safeguard and promote the welfare of children involved in immigration, asylum, nationality and customs issues (Borders, Citizenship and Immigration Act 2009).
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ere forced to directly approach the Human Rights Court at Strasbourg, however the Human Rights Act has introduced the facility of redress within national UK courts. Parliamentary sovereignty means that UK law can override international law2, however the introduction of the Human
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