Immigration and Asylum Law - Essay Example

Only on StudentShare

Extract of sample
Immigration and Asylum Law

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 ...
Download paper

Summary

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

Related Essays

Immigration and Asylum Law
From this research it is clear that immigration refers to the movement of persons from one state to another for purposes of seeking employment, visitation or temporary residence. In additions, the idea translates to the entry into another country other than the country of origin regardless of the protocol followed. As such, immigration could either be legal or illegal. With respect to the legality of movement, nations have developed amicable structures defining the procedures and circumstances under which the immigration relations apply. Moreover, the need to have a common method of handling...
12 pages (3012 words) Essay
Immigration and Asylum Law
This is usually genuine as those who do so follow the stipulated rules and procedures. On the other hand; asylum is the movement of people from their land to another country for the sake of security and seeking for refuge (Mabbutt, 2011 P. 15). The asylum law is the protection granted to aliens who cannot return to their homeland according to the free online dictionary. The government’s efforts to curb immigration Immigration remains a major issue across all sectors, including business, universities and wider society. The governments always try to curb this issue through various ways. The...
14 pages (3514 words) Coursework
Nationality, Immigration & Asylum Law
When regarding policy issue, the inextricable link that controls family and welfare raises stark policy issues to welfare practitioners, legal advisors, and all people and organizations concerned with justice in the social policy. It is ultimately counter-productive for the control opponents and deportations to simply parallel home office assault on the third world families in demand of right to the family unity2. This is because family construct, whether extended or nuclear, is personally and politically problematic. The Family Immigration Rights (FAIR) is therefore the organization that...
4 pages (1004 words) Coursework
IMMIGRATION AND ASYLUM LAW
The ECHR decided in the case of Soering v. United Kingdom, 161 Eur. Ct. H.R. (1989) that this provision meant that individuals cannot be extradited if they are threatened with torture or inhuman or degrading treatment in the requesting country. In this case, Jens Soring fought extradition from Europe to the United States because he would face capital charges in the United States, and Article 3 of the ECHR forbids extradition for this reason. While the European Court of Human Rights decided that transferring a person who would face the death penalty would not violate the Article 3 of the ECHR,...
13 pages (3263 words) Essay
Immigration and Asylum Law Master Essay
As with all statutes, the process of refinement and adjustment is continuous the most recent of which is the Immigration and Asylum (Treatment of Claimants) Act 2004.
...
4 pages (1004 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!