StudentShare solutions
Triangle menu

Immigration and Asylum Law - Essay Example

Nobody downloaded yet
In the House of Lords decision in Islam (A.P.) v. Secretary of State for the Home Department and Regina v. Immigration Appeal Tribunal and Another Ex Parte Shah (A.P.) [1999] 2 W.L.R. 1015 (Conjoined Appeals), Lord Steyn set out a four point criteria that one claiming refugee or asylum status must meet. He opined that under Article 1A(2) of the Refugee Convention, an asylum seeker must be able to prove that, firstly he/she has a well founded fear of persecution; secondly, that the reason for persecution is as a result of race, religion, nationality, membership of a particular social group, or political opinion; thirdly, that he/she is not within the country of his/her nationality; and fourthly, that he/she is either unable or unwilling to lay claim to protection from his/her country of nationality due to the fear of persecution.
Consequently, having a well founded fea...
Another decided case that buttresses the argument set out in Lord Steyn opinion is Januzi v. Secretary of State for the Home Department and Others [2006] UKHL 5. In Januzi Lord Bingham held that the use of the provision "owing to a well-founded fear of being persecuted " in Article 1A(2) of the Refugee Convention constitutes a causative condition upon which all the other conditions for claiming a refugee status hinge on. Thus a person claiming refugee status can claim to be persecuted because of his/her race, religion, nationality, membership of a particular social group, or political opinion, but if this fear is not a well-founded one, the claim to refugee status would be denied.
In the Islam and Regina cases (cited above) for instance, two Pakistani women - Islam and Shah - had left their native country of Pakistan to the UK and were seeking asylum due to fear of persecution because of being part of a particular social group. Both of them had been physically abused by their husbands and had been accused of infidelity, a crime that carried the penalty of being flogged publicly or being stoned to death under Shariah Law. The two women had also received threats from neighbours after they fled from their husbands' homes and sort refuge with family members. In establishing whether the Islam and Shah had a claim to asylum due to a well founded fear of persecution, Lord Steyn quoted from an Amnesty International Report on the human rights abuses of women in Pakistan. The report stated inter alia that:
". . . several Pakistani laws explicitly discriminate against women. In some cases they allow only the evidence of men to be heard, not of women. In particular, the Evidence ...Show more


As a signatory to international treaties that relate to the status of refugees, UK immigration and asylum law is subject to the provisions of the international treaties it has acceded to. (Clayton 2006) The right to refugee status or the right to claim asylum in the UK is based inter alia on provisions from the Convention Relating to the Status of Refugees 1951, the European Convention on Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms 1950…
Author : akris
Immigration and Asylum Law Essay
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Immigration and Asylum Law Essay"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Immigration and Asylum Law
The paper tells that the law of immigration and asylum dates back to the late 1950s when the international community resolved to ratify a common protocol through which to perceive and protect foreign citizens. The rationale of such understanding emanated from the Rome Treaty of 1957 which established the European Economic Community.
12 pages (3000 words) Essay
Immigration and Asylum Law
2 The extent to which the free movement of EU workers is permitted despite the government’s policies to reduce immigration is further complicated by EC Directive 2004/38 which replaces Regulation 1612/68. EC Directive 2004/38 permits EU workers who immigrate to other member states to have family members and dependents move with them to the host member state.3 The European courts have consistently ruled that the effect of the EU’s free movement of workers policy and laws, member states are required to remove all obstacles to facilitating the objective of permitting the free movement of workers.4 In this regard, the ruling in Singh is instructive.
14 pages (3500 words) Essay
Law that Protect Refugees in the United States
The world today is different to any time in history. The movement of people – migrants, asylum seekers, refugees, victims of trafficking – (Boyle, 2004) from one country to another is one area in which the laws and security of individual states face major challenges.
12 pages (3000 words) Essay
Asylum and Immigration Law
Several decades on, very little research has been done whether cross border restrictions remain as important as the fundamental factors that started them. Speaking with some few legal brains on the debate, most are those who contend that even though the factors and reasons may not be the same as those that started the laws, the laws remain important even today; but for different reasons.
6 pages (1500 words) Essay
Immigration law 2
There are a number of ways that the State and other international legal agencies fight to protect the lives of people. Commonly, protection is given to the lives of people through the enactment and enforcement of laws that guard people against harm to the body, ill-health, physical and emotional torture, diseases, and above all death1.
4 pages (1000 words) Essay
Article 3 states that both mental and physical ill-treatment are prohibited (Harris et al., 1995). Both private and public treatment are considered under this Article as well (Ireland v. United Kingdom, Judgment of 18 January 1978). In Greek Case (1969) 12 YB 1, the court asserted that the three prohibitions of Article 3 are related to one another - torture is inhuman and degrading, degrading behavior is torture, and so forth.
13 pages (3250 words) Essay
Immigration and Asylum Law Master Essay
UK has its first legislation regarding immigration in the 1962 Commonwealth Immigration Act which restricted the flow of passage into the UK from other parts of the Commonwealth. There have been several statutes since then including the Immigration Act 1971 (which is the main statutory source of modern immigration law), Race Relations Act 1976, Human Rights Act 1998 and British Nationality Act 1981.
4 pages (1000 words) Essay
Nationality, Immigration and Asylum Law
A child born to Wulfrunian parents is an Wulfrunian citizen. If the parents are married at the time of birth, Wulfrunian citizenship of either the mother or the father is sufficient. If the parents are not married, however, a father cannot pass on Wulfrunian citizenship, whereas a mother can.
6 pages (1500 words) Essay
Immigration, Nationality and Asylum Law ( British Law)
Even if they do not like them, however, all member states have to obey EU laws. For member states of the EU, it is no longer the case that only national government can make laws within their territories. According to the public opinion poll, 56 percent of people mentioned it as an issue of concern.
12 pages (3000 words) Essay
Immigration and Nationality Law
bind the UK to ensure these rights are available to all persons who enter the UK and if the UK does aim to deport an individual, it must take care that the future actions of the country of origin would not be a breach of any right contained within the HRA. In other words if
8 pages (2000 words) Essay
Comments (0)
Click to create a comment
Let us find you another Essay on topic Immigration and Asylum Law Essay for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
Join us:
Contact Us