Judicial Review Of Immigration Detention In The Uk Us And Eu
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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.
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.
Detention Of Asylum Seekers In Europe
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Author : Jane Hughes
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998-02-17
Detention Of Asylum Seekers In Europe written by Jane Hughes and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-02-17 with Law categories.
This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.
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.
Controlling Immigration Through Criminal Law
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Author : Gian Luigi Gatta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14
Controlling Immigration Through Criminal Law written by Gian Luigi Gatta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.
This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.
Immigration Detention And The Rule Of Law
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Author : Michael Fordham
language : en
Publisher:
Release Date : 2013
Immigration Detention And The Rule Of Law written by Michael Fordham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Alien detention centers categories.
Crimmigration Under International Protection
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Author : Rottem Rosenberg-Rubins
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-23
Crimmigration Under International Protection written by Rottem Rosenberg-Rubins and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.
By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed ‘crimmigration under international protection’, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of criminal law and criminology, immigration law, citizenship studies, globalization studies, border studies and critical refugee studies.
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union
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Author : Madalina Moraru
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union written by Madalina Moraru and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
There Are Alternatives
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Author : Robyn Sampson
language : en
Publisher:
Release Date : 2015-10-01
There Are Alternatives written by Robyn Sampson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-01 with Detention of persons categories.
The IDC identifies 250 examples of positive alternatives to immigration detention in 60 countries, that respect fundamental human rights, are less expensive and equally or more effective than traditional border controls.
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.