Immigration and Asylum Law Essay Example | Topics and Well Written Essays - 3500 words

Immigration and Asylum police force of nature - Essay ExampleIn Singh it was held subdivisions states were not entitled to apply their own national immigration laws so that an alien worker from another member state who legitimately exercised the right of free come acrossment of workers in another member state. If national laws could be applied, workers who were EU nationals could not avail themselves of the right to freely move and work within the EU.5 The UKs European Communities Act 1972 as amended by the European federation Act 2008 (hereinafter EC Act) ensures that the UK cannot apply its immigration policies and laws in a way that compromises the EUs law relative to facilitating the free movement of workers within the EU. ... clause 8 provides for respect for ones family and close life.7 Article 14 of the formula provides that confers upon minors the right to Convention rights and forbids discriminatory treatment on the movement of nationality.8 The Convention rights bec ame a part of UK law by virtue of the Human Rights Act 1998, sectionalization 1.9 Moreover, Section 2 of the Human Rights Act 1998 directs UK courts to interpret national laws in a way that gives effect to Convention rights.10 Therefore the effects of Articles 8 and 14 on the UKs immigration policies were observed in Zhu and Chen. In this case it was obvious that a pregnant Chinese mother deliberately immigrated to the UK with the intention that her unborn tyke would be born in the UK and obtain the right to remain in the UK in the long term. tho it was held that, only in extraordinary circumstances would a national exercising the rights of free movement of workers in the EU would be regarded as an abuse of the law. If the acquisition of those rights were conducted in ways that were legitimate it would not be regarded as an abuse of the laws.11 The ECHR can also compromise the UKs decision to deport illegal immigrants. Guiraudon and Lahav beg off that by virtue of Articles and 8 of the ECHR, immigrants can challenge deportation orders by member states.12 As observed, Article 8 relates to protection of private and family life. Article 3 relates to protection from cruel and unusual treatment and punishment. In this regard, Article 8 may be successful in challenging an project order where the bragging(a) subject to a deportation order has a child in the UK or a member state who was born in the host state. By applying Article 8, the ECJ previously ruled against the execution of an expulsion