Introduction to Immigration law
Immigration law is set of rules and regulations for the individuals who had entered and get settled in UK. Generally migrants are of two types i.e. individual seeking asylum as their home country had become hazardous or they had other economic reasons such as job, marriage etc. These provisions are supported by aspects of Human right act to promote equality and fairness. This rights have huge impact of the family life of migrants. HRA is comprises of series of sections which have codified effect for the protection of European convention. According to the provisions of this Act, all individual has right to take action for the contravention of their human right in domestic courts. Protection from HRA is provided to all individuals regardless of their citizenship and immigration status. Further most of the international criminals, unsuccessful asylum seekers and benefit "tourists" are taking benefit of HRA to remain in UK and attempt is made by Home office to deport them. Present report will include description of provisions of Human rights Act and immigration law. On the basis of explanation of provisions impact of the Human Rights Act on the family life of migrants will be assessed. For better analysis reference of previous case precedent will be given in present report. Description will be based on the Article 8 of European Convention on Human Rights. This Article is closely related to the other rights protected under the convention.
In statutory provisions of UK there is absence of enshrined right for British resident to be joined by their members of family. Thus these rights were introduced in the “Sections” of immigration law. Provisions of immigration law is influenced by both human right norms and European Union law. Article 8 of the ECHR (European Convention on Human Rights) had provided that each individual has right to get respected for their family and personal life . This article is qualified instead of being of absolute right in present era. In the second part of this article, description is provided regarding several circumstances in which public authorities are entitled ton interfere in applicability of these rights.
Position of immigration law before and after HRA 1998
There is vital role of human rights in immigration law before introduction of the HRA 1998. Prior to this Act there were interpretative functions and government policies to protect the human rights. Further ECtHR was developed a court of last resort. In the case of Abdulaziz, Cabales and Balkandali v UK, applicants were lawfully settled in UK permanently. According to the immigration rules enforceable at that time Mr. Abdulaziz, Cabales and Balkandali were denied for the permission to remain with or them in UK as husband. In this case marital ules were discriminated against men and other British citizens who were not born in UK.
To overcome these issues HRA 1998 were developed by parliament of UK. As per this Act, Public authorities were obliged to act in accordance with convention rights. Exceptions to the provisions of this Act will be a 1985 7 EHRR 471pplicable as per the requirement of primary legislations. According to the description of this Act public authorities are comprises of immigration officers, Secretary of State, tribunals, courts and entry clearance officers . In addition to this, public and private bodies engaged in immigration acts will also be obliged to follow these norms.
Immigration rules will not be obedient ton the HRA provisions in all case scenarios. Rules of immigration are required to be developed and applied as per their natural and original meaning. Modification of wording of rules is not required for compliance with the convention rights.
Impact Of The Human Rights Act On The Family Life Of Migrants
Right to respect for family life
This right is not recognized in the ECHR but this is a fundamental right of human being. Description for this right is given 1985 7 EHRR 471 in International Covenant on Civil and Political rights 1966 and Universal declaration of Human rights 1948. Both of these Acts impose restriction on the unethical interference in 1985 7 EHRR 471family or personal life of individual . In domestic law, remedies are provided for the breach through the provisions of HRA 1998. Description of this as per the article is as follow-
1. Each individual has right to get respected for their family, home, correspondence and personal life.
2. Public authorities are not entitled to interference due to the applicability of this right.
Article 8 provides qualified right to the individual thus interference can be done if it is mandatory in a democratic society and it is in interest of national security, economic well-being of country, public safety, for protection of heath or moral or rights, freedom and prevention of crime or any disorder. These circumstances and exceptions are described in Article 8 (2). This part imposes obligation on state to demonstrate that interference will be in accordance with the social need and it is proportionate to the legitimate aim of being pursued. This obligation is imposed to provide assurance to general public that interference will only be done if it is justified to do so.
According to the Human Rights Act 1998 (HRA), these obligations is placed on the stated by the European Convention on Human Rights and further it passes to all the public authorities. Ultimate decision will be taken by court of law by applicability of the test of proportionality to determine whether interference is justified or not. This article basically imposes two kind of obligation on the state and public authorities. Description of these obligations is