Detention Under The Immigration Acts
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Detention Under The Immigration Acts
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Author : Graham Denholm
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Detention Under The Immigration Acts written by Graham Denholm and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The UK has some of the largest immigration detention facilities in Europe, holding as many as 3000 individuals at any point in time. Foreign nationals are held under immigration powers in a variety of circumstances including on arrival pending examination, whilst an asylum claim is considered in the Detained Fast Track, and pending administrative removal or deportation. The routine use of detention powers, particularly in relation to foreign national offenders, has increased dramatically in the years since 2006. Advising individuals detained under immigration powers is no longer a niche field. An increasing number of practitioners need access to a clear reference guide when faced with cases which touch on this issue. Detention under the Immigration Acts: Law and Practice is the only text to provide a comprehensive and detailed account of the statutory powers underpinning immigration detention and the limitations on those powers afforded by the common law, the European Convention on Human Rights and the law of the European Union. It is an invaluable resource not only for those working predominantly in immigration but also practitioners whose work may touch on this increasingly complex area, whether from a civil or criminal perspective, as well as the judiciary and government officials with a need for clear legal guidance. Taking a practice focused approach, the work addresses the procedural aspects of litigation challenging detention, from bail applications in the Tribunal through judicial review claims in the Administrative Court, to civil claims before the County Court and the Queen's Bench Division of the High Court. It offers unparalleled coverage of the many hundreds of domestic cases on the subject, saving practitioners valuable time in their legal research. It also examines, in more detail than has ever been done before, the case law of the European Court of Human Rights and the Court of Justice of the European Union and suggests arguments to challenge detention and seek damages that have not so far been used in domestic courts. Written by an author team representing both claimant and government interests, key issues are considered from a neutral perspective, providing a balanced and detailed exploration of the common law and policy based principles governing the exercise of immigration detention powers.
Detained Without Trial
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Author : Mark Ashford
language : en
Publisher:
Release Date : 1993
Detained Without Trial written by Mark Ashford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Aliens categories.
Immigration Detention Risk And Human Rights
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Author : Maria João Guia
language : en
Publisher: Springer
Release Date : 2016-02-24
Immigration Detention Risk And Human Rights written by Maria João Guia and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Law categories.
This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.
Immigration Detention In The European Union
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Author : Izabella Majcher
language : en
Publisher: Springer Nature
Release Date : 2020-03-04
Immigration Detention In The European Union written by Izabella Majcher and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-04 with Social Science categories.
This book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the “refugee crisis.” By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the “refugee crisis,” the volume also shows how these policies have evolved—and in many cases grown more restrictive—even as the “crisis” has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the book’s country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial "alternatives to detention," the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of today’s more important human rights dilemmas—states’ efforts to control global migration.
Judicial Review Of Immigration Detention In The Uk Us And Eu
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Author : Justine N Stefanelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-23
Judicial Review Of Immigration Detention In The Uk Us And Eu written by Justine N Stefanelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 with Law categories.
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
Detained
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Author : Michael Welch
language : en
Publisher: Temple University Press
Release Date : 2002
Detained written by Michael Welch and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
"Details how American immigration law and policy have increasingly relied on incarceration, locking up thousands of immigrants not because they pose any real danger, but as a collective expression of moral panic and hostility toward perceived outsiders." David Cole [back cover].
Inside Immigration Detention
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Author : Mary Bosworth
language : en
Publisher: OUP Oxford
Release Date : 2014-09-18
Inside Immigration Detention written by Mary Bosworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-18 with Political Science categories.
On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centres alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centres. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centres identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavour, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.
Immigration Detention
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Author : Daniel Wilsher
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-27
Immigration Detention written by Daniel Wilsher and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-27 with Political Science categories.
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
Asylum Seekers And Immigration Act Prisoners
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Author : Rachael Ellis
language : en
Publisher:
Release Date : 1998
Asylum Seekers And Immigration Act Prisoners written by Rachael Ellis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Asylum, Right of categories.
Includes statistics.
Immigration Laws Act Of February 5 1917
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Author : United States
language : en
Publisher:
Release Date : 1917
Immigration Laws Act Of February 5 1917 written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1917 with Emigration and immigration law categories.