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Immigration and Asylum Law - Essay Example

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Immigration and Asylum Law Question 1 The government’s policy relative to reducing immigration is arguably constrained by its commitment to EU law and polices regarding the free movement of workers within the EU. More particularly, the European Convention on Human Rights constrains the manner in which the government of the UK may legitimately expel immigrants from the UK .1 To begin with, Article 45 of the Consolidated Version of the Treaty on the Functioning of the European Union (Hereinafter TFEU) dictates that EU workers in Member States shall have the right to free movement within the EU…
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Immigration and Asylum Law
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Download file to see previous pages In Singh it was held members states were not entitled to apply their own national immigration laws so that an alien worker from another member state who legitimately exercised the right of free movement of workers in another member state. If national laws could be applied, workers who were EU nationals could not avail themselves of the right to freely move and work within the EU.5 The UK’s European Communities Act 1972 as amended by the European Union Act 2008 (hereinafter EC Act) ensures that the UK cannot apply its immigration policies and laws in a way that compromises the EU’s law relative to facilitating the free movement of workers within the EU. ...
Article 8 provides for respect for one’s family and private life.7 Article 14 of the Convention provides that confers upon minors the right to Convention rights and forbids discriminatory treatment on the grounds of nationality.8 The Convention rights became a part of UK law by virtue of the Human Rights Act 1998, Section 1.9 Moreover, Section 2 of the Human Rights Act 1998 directs UK courts to interpret national laws in a way that gives effect to Convention rights.10 Therefore the effects of Articles 8 and 14 on the UK’s immigration policies were observed in Zhu and Chen. In this case it was obvious that a pregnant Chinese mother deliberately immigrated to the UK with the intention that her unborn child would be born in the UK and obtain the right to remain in the UK in the long term. However it was held that, only in extraordinary circumstances would a national exercising the rights of free movement of workers in the EU would be regarded as an abuse of the law. If the acquisition of those rights were conducted in ways that were legitimate it would not be regarded as an abuse of the laws.11 The ECHR can also compromise the UK’s decision to deport illegal immigrants. Guiraudon and Lahav explain that by virtue of Articles and 8 of the ECHR, immigrants can challenge deportation orders by member states.12 As observed, Article 8 relates to protection of private and family life. Article 3 relates to protection from cruel and unusual treatment and punishment. In this regard, Article 8 may be successful in challenging an expulsion order where the adult subject to a deportation order has a child in the UK or a member state who was born in the host state. By applying Article 8, the ECJ previously ruled against the execution of an expulsion ...Download file to see next pagesRead More
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