¶ … UK Immigration Act of 1971 and Its Enforcement with Respect to Administrative Removal/Deportation when Articles 3 and 8 of European Convention of Human Rights are Engaged
Following the terrorist attacks of September 11, 2001, many observers stated that "nothing would ever be the same again" and in some ways they have been absolutely correct. While the United Kingdom continues its inexorable march to become fully integrated into the burgeoning European Union, a number of obstacles remain firmly in place that relate to the perceived need by the UK government to better control movement of foreigners within its borders. The purpose of this study was to provide an examination of the UK Immigration Act of 1971 and its enforcement with respect to administrative removal or deportation when Articles 3 and 8 of European Convention of Human Rights are engaged. This study used a three-chapter format to achieve this research purpose. Chapter one introduces the topic under consideration, provides a statement of the problem, as well as the purpose and methodology of the study. Chapter two presents a review of the relevant and peer-reviewed and scholarly literature, and chapter three presents the study's conclusions and recommendations.
Chapter 1: Introduction
Statement of the Problem
Purpose of Study
Methodology
Overview of Study
Chapter 2: Review of Related Literature
Chapter 3: Conclusions and Recommendations
An Examination of UK Immigration Act of 1971 and Its Enforcement with Respect to Administrative Removal/Deportation when Articles 3 and 8 of European Convention of Human Rights are Engaged
Chapter 1:
Introduction
So many changes have taken place in the United Kingdom and its relationship with its European neighbors since the end of World War II that it is difficult to accurately fathom the impact on its citizens today. Beyond the reshaping of its former empire during the 20th century, the United Kingdom has also experienced some fundamental shifts in its demographic composition. For example, according to Spencer (1997), "In the space of less than half a century, Britain has shifted from being a virtually all-white society to one in which ethnicity and race are significant social and political factors." While the UK has embraced many of the harmonisation initiatives designed to bring the country into better alignment with its European counterparts, many obstacles remain firmly in place that adversely affect the ability of some immigrants to gain access to permanent residency status or to join other members of their family who may already have emigrated.
Statement of the Problem
Today, movement into and exclusion from the United Kingdom is regulated by the Immigration Acts 1971 and 1988, the Immigration and Asylum Appeals Act 1993, and the Immigration Rules 1994 and rules of procedure made under those Acts. The Immigration Act of 1971 established the UK government's complete control over the immigration of people, without a close connection to the United Kingdom by either birth or descent, who were referred to as "non-patrials" in the 1971 Act. According to Houston (2000), "Under the 1971 Act, patrials had the right to abode in the United Kingdom, whereas non-patrials did not. Additionally, the 1971 Act replaced the voucher with a temporary work permit, which, unlike the voucher, did not carry the right of permanent residence."
Today, this patchwork system of immigration control is further reinforced by the Immigration (Carriers' Liability) Act which became effective in 1987. The result of this mish-mash of legislative initiatives attempting to control movement within the UK has been less than desirable. For instance, a recent report by Sanderson cites one UK immigration judge, "Judge J," who, "After 20 years in immigration, has discovered nothing but chaos, confusion and a shambolic structure that does not work. She has stood helplessly by as thousands of illegal immigrants have arrived in the UK and watched the authorities routinely fail to deport them after their appeals were dismissed."
Compounding the problem for both the UK government and those it seeks to deport is the convoluted nature of the controlling legislation and the dynamic nature of the legislative environment in which it is being prosecuted. In this regard, Sanderson points out that "Judge J." ".. has been appalled by the arrogance and incompetence of many of the judges who hear the...
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