Asylum-seekers in UK law Introduction The genesis of restrictive cross border movement from one country to another; especially for prolonged stay can be traced to several years ago when the need to claim territorial authority and expansion led to strict laws being put in place to forbid people from entering other countries for the fear of combative or colonial invasion1…
Some of the reasons mentioned by these legal brains include the need for economic protection. Even in the light of the fact that rules that limit the movement of people from one country to another remain, there also remain the need for people to be trans-bordered once a while without going through the laid down procedure2. One condition that creates this legal exemption is the issue of asylum seeking. This paper discusses the Humanitarian Aims of the 1951 Geneva Convention and how the aims have been upheld by countries over the years – particularly the United Kingdom. Background to the Humanitarian Aims of the 1951 Geneva Convention In the year 2001, the world celebrated 50 years of passing the Status of Refugees through the 1951 Geneva Convention. Legal analysts note the humanitarian needs that accompanied the need for the convention. In the first place, Mason (2009) notes that there was a humanitarian need for the convention because of the increasing rate at which the number of refugees was multiplying the world over. She notes that “over 30 million “persons of concern to the UN High Commissioner for Refugees” can still be counted in the world today.3” In the midst of the increasing population of refugees, the fundamental human rights spelt out in the Universal Declaration of Human Rights (UDRH) by the United Nations General Assembly of 1948 covers and protect refugees also4. It is for this reason that in 1951; three years after the Universal Declaration of Human Rights, the Geneva Convention sought it prudent to institutionalize policies that protected the basic rights of refugees. Even more, there was the realization by the Geneva Convention to the effect that causes and factors that put people in the state of being refugees were mostly, inevitable, unpredictable and unintentional and thus the need to be empathetic towards the plight of refugees. In this direction, the FAO Corporate Document Repository (2009) states that “as man-made disasters are one of the main causes that force people from their homes, international refugee law, contribute to protect human rights in emergency situations.5” It was indeed with such humanitarian aims that the leaders who met in Geneva in 1951 thought it prudent put together the Geneva Convention and Protocol relating to the Status of Refugees6. Overview of the UK Social Welfare System in protecting the rights of Asylum-seekers Even though the social welfare system of the United Kingdom was not structured purposely to cater for asylum seekers alone, the system has a lot of place and representation for asylum seekers; especially based on the core principles on which the system functions. Spicker (2001) quotes Asa Briggs (1961)7 who defines the principles on which the social welfare system of the United Kingdom operates as “a guarantee of minimum standards, including a minimum income; social protection in the event of insecurity; and the provision of services at the best level possible.8” Since refugees fall under all these three wings of principles, it has become eminent on the United Kingdom Social Welfare System to over the years protect the rights of Asylum seekers. Once present, there are laws and legal reforms binding the United Kingdom government to put in place certain basic conditions and ...
Cite this document
(“Asylum and Immigration Law Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.net/law/55296-asylum-and-immigration-law
(Asylum and Immigration Law Essay Example | Topics and Well Written Essays - 1500 Words)
“Asylum and Immigration Law Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/law/55296-asylum-and-immigration-law.
On January 15, 2009 Parliament published the Borders, Citizenship and Immigration Bill which “introduced a radical new approach to British citizenship that will require all migrants to speak English and obey the law if they want to gain citizenship and stay permanently in Britain.” (Christine- Lee 2009).
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.
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.
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.
It is an international concept that still has not received apt considerations in terms of the inalienable rights in the international human rights charter. There exist setbacks in terms of interpretation where many states argue that they cannot put their sovereignty to test due to the international human rights stipulations.
According to Article 1A(2) of the Convention Relating to the Status of Refugees (Refugee Convention), a refugee is one who: ". owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."
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.
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.
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.