‘Beat Your Plowshares into Swords and Your Pruninghooks into Spears’: A Contextual Critique of Expulsion Decisions and Appeal Rights in the United Kingdom
International Journal of Law and Society
Volume 3, Issue 2, June 2020, Pages: 39-46
Received: Feb. 13, 2020;
Accepted: Mar. 11, 2020;
Published: May 12, 2020
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Cosmas Ukachukwu Ikegwuruka, Almond Legals-Immigration, Asylum and Human Rights Lawyers & Researchers, London, UK
Linus Chukwuemeka Okere, Centre for Global Media and Communications, School of Oriental and African Studies (University of London), London, UK
The putative question is whether the United Kingdom complies with its treaty obligations under International Human Rights Law (IHRL) in the expulsion of migrants? The debate is that expulsion laws as they stand may have been contrived to enhance deportability or removability. It is further argued that the ever increasing and shifting pattern of deportation laws (some of which are retroactive) appears to violate the basic principles of human rights norms. This is heightened by the fact that these laws are either discretionary or couched in rigid terms leaving less chance for compassionate considerations even in the light of unclear judicial interpretation given to some of these expulsion laws. Although, States are afforded some discretion as to the manner in which they conform to their obligations under IHRL, that discretion, however, must not result in the practical denial of the minimum procedural safeguards needed to protect the migrant against arbitrary expulsion. By certifying decisions regarding expulsion, the paper finds that the State ab initio creates the amphitheater for expulsion of migrants. The argument is that the dichotomy between an ‘immigration decision’ and ‘non-immigration decision’ is a false one as it is probably anchored with the apparent intention of achieving expulsion of migrants from the UK in an ostensibly hostile environment. It is curious that the irregular migrant who makes an application (usually by payment of a fee) to the Home Office to regularize his stay which was eventually refused will not be accorded a right of appeal simply because, the State sees such applications as not befitting of a right of appeal. It is therefore difficult to justify the rationale to deny a right of appeal to a migrant or to dichotomize between an immigration decision and a non-immigration decision in the light of the immigration rules. The doctrinal methodology is applied in this paper.
Cosmas Ukachukwu Ikegwuruka,
Linus Chukwuemeka Okere,
‘Beat Your Plowshares into Swords and Your Pruninghooks into Spears’: A Contextual Critique of Expulsion Decisions and Appeal Rights in the United Kingdom, International Journal of Law and Society. Special Issue: Immigration Control, Citizenship, the Interplay of Sovereignty and the Vicissitudes of the Hostile Environment.
Vol. 3, No. 2,
2020, pp. 39-46.
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