The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 PDF Download
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Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104005514 Category : Law Languages : en Pages : 36
Book Description
The Committee's report considers concerns over the compatibility of the Order (S.I. 2004/1910, ISBN 0110495802), made under the Nationality, Immigration & Asylum Act 2002, with the UK's international human rights obligations. The Refugee Convention has established a general 'principle of non-refoulement' which prohibits the expulsion or return of a refugee to a country where his/her life might be threatened on account of race, religion, nationality or due to membership of a particular social group or political opinion. The Convention allows an exception to this principle in cases where the person has been convicted of a particularly serious crime and is therefore deemed to be a danger to the general community of the host country. The Order specifies a wide range of offences under the 2002 Act, with the effect that anyone convicted of such an offence will have his asylum claim dismissed unless he/she can establish they are not a danger to the community. The Committee finds that the Order as drafted is 'ultra vires' the order-making power, because the wide range of offences specified go beyond the interpretation of 'particularly serious crimes' intended by the Refugee Convention, and therefore undermines the principle of non-refoulement.
Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104005514 Category : Law Languages : en Pages : 36
Book Description
The Committee's report considers concerns over the compatibility of the Order (S.I. 2004/1910, ISBN 0110495802), made under the Nationality, Immigration & Asylum Act 2002, with the UK's international human rights obligations. The Refugee Convention has established a general 'principle of non-refoulement' which prohibits the expulsion or return of a refugee to a country where his/her life might be threatened on account of race, religion, nationality or due to membership of a particular social group or political opinion. The Convention allows an exception to this principle in cases where the person has been convicted of a particularly serious crime and is therefore deemed to be a danger to the general community of the host country. The Order specifies a wide range of offences under the 2002 Act, with the effect that anyone convicted of such an offence will have his asylum claim dismissed unless he/she can establish they are not a danger to the community. The Committee finds that the Order as drafted is 'ultra vires' the order-making power, because the wide range of offences specified go beyond the interpretation of 'particularly serious crimes' intended by the Refugee Convention, and therefore undermines the principle of non-refoulement.
Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104005743 Category : Political Science Languages : en Pages : 204
Book Description
Deaths in Custody : Third report of session 2004-05, Vol. 2: Oral and written Evidence
Author: Katja Franko Aas Publisher: ISBN: 0199669392 Category : Law Languages : en Pages : 336
Book Description
The criminalization of migration and the use of coercive state power against foreigners is a controversial topic that demands closer reflection. This book examines the relationship between immigration control, citizenship, and criminal justice, reflecting on the theoretical and methodological challenges posed by mass mobility and its control.
Author: Graham MacPhee Publisher: Berghahn Books ISBN: 9781845453206 Category : History Languages : en Pages : 228
Book Description
Ranging from analyses of contemporary culture, postcolonial writing, political rhetoric and postimperial memory after 9/11, this collection demonstrates that far from being parochial and self-involved, the question of Englishness offers an important avenue for thinking about the politics of national identity.
Author: Gina Clayton Publisher: Oxford University Press ISBN: 0198747551 Category : Law Languages : en Pages : 669
Book Description
This volume examines the law and system of control which govern immigration and asylum in the UK. It begins with the historical and legal context, explains who is subject to immigration control, and describes the legal and administrative structure of the system.
Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104424971 Category : Business & Economics Languages : en Pages : 192
Book Description
In this report on the Borders, Citizenship and Immigration Bill, the Joint Committee on Human Rights says the Government should reconsider proposed changes to the pathway to British citizenship. Whilst the Bill does not change the underlying position of migrants' access to benefits, it extends the time it takes to get to applying for citizenship by a year. During this period a person given the new 'probationary citizenship' will be ineligible for 15 different types of benefit that are available to those with 'indefinite leave to remain'. The Committee is also concerned that the new rules may be applied retrospectively and urges the Government not to override the legitimate expectations of migrants already on the path to citizenship under the current rules. The Committee also has concerns about the proposed 'short cut' to citizenship, reducing the time it takes to naturalise can by two years if applicants participate in unpaid community activity. Tracking this activity risks infringing people's right to privacy, and the Committee is also concerned that the requirement risks penalising people who are unable to undertake such activities, because of disability or caring responsibilities or because they are already in paid full time work. The Committee welcomes the new positive duty to safeguard and promote the welfare of children in the discharge of immigration, asylum, nationality and customs functions and the reversal of the Government's previous policy of excluding children subject to immigration control from the protection of the UN Convention on the Rights of the Child.
Author: Gina Clayton Publisher: Oxford University Press ISBN: 0198848935 Category : Asylum, Right of Languages : en Pages : 675
Book Description
The ninth edition of Immigration and Asylum Law continues to provide students with expert coverage of case law and legislation, along with dynamic analysis of the political context and social impact of the law, and a strong focus on human rights. Including key case summaries, end-of-chapter questions, and further reading, the book deftly guides the reader through this fascinating and constantly developing area of law, using clear and accessible language throughout. An ideal guide for all students of the subject. Digital formats and resources The ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include: updates and developments in the law since the book published; problem questions to test knowledge and develop analytical skills; guidance on how to answer the end-of-chapter questions; and a selection of web links to support additional research.
Author: Guy S. Goodwin-Gill Publisher: Oxford University Press ISBN: 0192536508 Category : Law Languages : en Pages : 1172
Book Description
The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
Author: Great Britain. Parliament. Joint Committee on Human Rights
Author: Great Britain. Parliament. Joint Committee on Human Rights
Author: Great Britain. Parliament. Joint Committee on Human Rights
Author: Katja Franko Aas
Author: Graham MacPhee
Author: Gina Clayton
Author: Great Britain. Parliament. Joint Committee on Human Rights
Author: Great Britain
Author: Gina Clayton
Author: Guy S. Goodwin-Gill
Author: Great Britain