Nationality, immigration and asylum law - Coursework Example

At the same time, he suffers serious eye problems to such an extent that if medical facilities are not available he may go blind. To further add his misery, last week, a co-worker has threatened him to report to immigration authorities being stayed illegally. He engulfs with a fear of being deported from UK. UK Border Agency (UKBA) treats the claim of asylum as human rights claim. Insertion of Humanitarian Protection makes Immigration Rules practicable. The asylum application should contain one of the following grounds: a) whether qualifies for asylum under paragraph 334 of the Immigration Rules b) whether the applicant qualifies for Humanitarian Protection under paragraph 339C of the Immigration Rules c) whether the applicant qualifies for discretionary leave on other ECHR grounds d) Is it applicable under article 3 that fall outside the scope of the Immigration Rules on Humanitarian Protection and e) whether the individual circumstances are so compelling that a grant of discretionary leave is appropriate which is rare1.

Mentioned process in asylum cases should strictly be applied by the incumbents irrespective of the fact that neither ECHR nor Humanitarian Protection has been mentioned specifically by the applicant. The other category of the applicants should seek shelter under the umbrella of Humanitarian Protection or other ECHR. . In cited cases possibility of seeking assurances from the concerned authorities of the country of return is utmost important under the ECHR and the Immigration Rules. However, a deportee may contact to Asylum Operational Policy Unit via a senior caseworker before being returned to his / her country of origin4.

The issues of human rights for the non-UK nationals are crucial in the sense that they have to face language barriers, lack of information on their rights, discourse on migration and asylum make it more complex. As per the practice in vogue, if detainee is detained in prison, custody suites or removal centers requires an independent inspection and investigation5. The lack of awareness about the immigration laws amongst the legal / illegal immigrants put them in knee-deep waters. In a report titled “Our Hidden Borders” written by Latif and Martynowicz examines in details the current law, policy and practice on the detention of offenders of immigration law and asylum seekers in line with the UK commitments under international human rights law.

The findings of investigative report speak for itself about human rights concerns / violations6. The report in question discussed the policies, law and practice that govern the UK Border Agency and the involvement of Police Service of Northern Ireland. Each and every individual since birth has the right of liberty and security. No one shall usurp the rights of others by way of arbitrary arrest or detention. No one can be deprived of his / her liberty provided such grounds exits and in accordance with the prevalent law of the land.

It is the right of the detainee to know the cause of arrest at the time of his /