Law – Immigration and Human Rights

Introduction

Thos particular report has been focused on the legal aspect of immigration and human rights
which is subjected to utmost exploration in order to serve the purpose of critical evaluation.

identification and discussion of the provisions of the Universal Declaration of Human

Rights, the European Convention on Human Rights and current UK legislation The UK
Human Rights Act 1998

The Universal Declaration of Human Rights (UDHR) is considered to be the most significant
document as far as the international human rights law is concerned. It can be regarded as well as
referred to as the respective Magna Carta of humanity that was proposed by Eleanor Roosevelt
who was the chairperson in the United Nations Commission on Human Rights which supposedly
bears the responsibility for the cause of drafting of the document1. The Universal Declaration of
Human Rights (1948) of UN can said to be the first ever global expression of rights during the
aftermath of World War II to which the entire human race is inherently entitled, with the UN
approach i.e. written text becoming a historical turning point in promotion of peace and
diplomacy.

It can be mentioned in this regard that the respective drafting process of the declaration was
marked by several debated arguments on certain range of issues, taking into account the issue
and meaning of human dignity, state-individual and society-individual relationship, the
significance of contextual cultural factors in case of determining the genre of rights, the interlink
between rights and responsibilities, the designated challenges towards the sovereign natured
prerogatives of member states and last but not the least, the individual and social welfare in the
contextual spiritual values2. In connection with the Universal Declaration of the Human Rights

1
'UN Universal Declaration Of Human Rights: United For Human Rights' (Humanrights.com,
2016) <http://www.humanrights.com/what-are-human-rights/universal-declaration-of-human-
rights.html> accessed 1 June 2016

2
'Universal Declaration Of Human Rights (UDHR) | 1948' (Encyclopedia Britannica, 2016)
<http://www.britannica.com/topic/Universal-Declaration-of-Human-Rights> accessed 1 June
2016

2
which has been recognized as the living document of acceptance as the contract between state
and its people across the world, it can be put forward that it is comprised of 30 articles in terms
of containing a certain list of major civil, political, societal, economic and cultural rights. Article
28 depicts the indivisibility of human rights which is regarded as the most forward-looking
article in the UDHR genre for it acts as the linking factor of all the enumerated rights and
freedoms in terms of entitling every single individual to a specified ‘social and international
order in which the rights and freedoms set forth in this Declaration can be fully realized’3.

By means of pointing out a different international order, separate from the existent one, the
concerned article in the Declaration signifies the fact that the protection of human rights in their
entirety does have the potential of causing transformation of the world and that such globalized
order would be able to incorporate the norms found in the arena of Universal Declaration of
Human Rights. It can be added in this context that the concerning provisions of UDHR do mark
the interrelated categories of human rights which have independent nature of their own alongside
the urge to be globally cooperated as well as assisted in order to be realized. Though the non-
binding status of the Universal Declaration of Human Rights has once been perceived as one of
its weakness points; later it has been observed that this is one of the key advantages of UDHR
that with its inherent flexibility has managed to make pathways and strategic approaches for
serving the purpose of promoting human rights alongside developing several legislative
initiatives within the framework of international human rights law4.

In case of European Convention on Human Rights, it can be mentioned that this was drafted in
1950 by the thethen formed Council of Europe, which not only vouched for protection of human
rights and fundamental freedoms, but also proposed for achieving greater scope of international

3
'Universal Declaration Of Human Rights (UDHR) | 1948' (Encyclopedia Britannica, 2016)
<http://www.britannica.com/topic/Universal-Declaration-of-Human-Rights> accessed 1 June
2016

4
Lomba S, 'Legal Status And Refugee Integration: A UK Perspective' (2010) 23 Journal of
Refugee Studies

3
unity in association with recognizing the provision of equal rights for both men and women and
opting for incorporation of the civil liberty conventional norms5. The convention came into force
in the year 1953 and this can be remarked in this context that the Council of Europe took the first
step towards implementing the Declaration of Human Rights in written form in terms of adopting
the designated convention that is comprised of 17 key articles with regard to freedoms and rights.

With regard to the Human Rights Act 1998, it can be notified that this particular act happens to
set out the specified fundamental rights and freedoms that the UK people are entitled to. The
Human Rights Act came into effect within the territory of UK in the year 2000 and can be found
to have certain major effects. One of the key functions of it is to incorporate the rights under the
European Convention on Human Rights into domestic British law; whereas, in practice it means
to denote the fact that the Parliament must always seek to ensure the appropriate compatibility of
the new legal provisions with the rights set out in the framework of European Convention on
Human Rights6.

Identification and discussion of immigration and refugee policies in the UK

Granting protection to individuals and groups who are reportedly fleeing persecution has been a
state norm for centuries; however, the modern refugee legislative regime is largely considered to
be the product of second half of 20th century7. Similarly like the international human rights law,
the modern version of refugee law can said to have its core in the after-effect of World War II and
also in the preceding interwar years of refugee crises. Construction of the ‘other’ is imminent in

5
Gani A, 'What Is The European Convention On Human Rights?' (the Guardian, 2014)
<http://www.theguardian.com/law/2014/oct/03/what-is-european-convention-on-human-rights-
echr> accessed 1 June 2016

6
'The Human Rights Act | Equality And Human Rights Commission' (Equalityhumanrights.com,
2016) <https://www.equalityhumanrights.com/en/human-rights/human-rights-act> accessed 1
June 2016

7
'Asylum & The Rights Of Refugees' (International Justice Resource Center, 2012)
<http://www.ijrcenter.org/refugee-law/> accessed 1 June 2016

4
this genre of refugee and a migrant for this largely involves asylum seekers8. It can be mentioned
in this regard that Article 14(1) of the Universal Declaration of Human Rights happens to
guarantee the designated right to seek and at the same time, enjoy asylum in foreign territories i.e.
other countries in close association with the respective state and global conventions.
Some of the landmark cases within the framework of British law regarding immigration and
asylum law can be mentioned in this regard such as;
 R v Uxbridge Magistrates Court, Ex parte Adimi [2001] QB 667, which established that
asylum-seekers could not lawfully be charged with criminal offences in respect of their
arrival in the country and Article 31 of Refugee Convention.
 R (B) v London Borough of Merton [2003] EWHC 1689 (Admin): guidance for proper
assessment of age of young asylum seekers
 Januzi v Secretary of State for the Home Department [2006] 2 AC 426 on internal
relocation and refugee status.
 Adam, Limbuela v SSHD [2005] UKHL 66: SSHD obliged to provide support to street-
homeless asylum seekers to prevent total destitution, which would breach their right not to
be exposed to inhuman or degrading treatment
 Al Sirri v SSHD [2012] UKSC 54: guidance on exclusion from refugee status under
Article 1F(c) ('acts contrary to the purposes and principles of the United Nations')

Adding to these, some other cases can be mentioned in this connection i.e. A v Secretary of State
for the Home Department (BAILII: [2003] EWCA Civ 175 ) [2003] All ER (D) 151, Ahmed
(Tanveer) v Secretary of State for the Home Department (BAILII: [2002] UKIAT 00439 ) [2002]
UKIAT 439, 2002 Imm AR 318, [2002] INLR 345, [2002] Imm AR 318, Do v Immigration
Appeal Tribunal (BAILII: [2002] EWCA Civ 1856 ) [2003] ACD 30, [2003] 1 WLR 770, [2003]
3 All ER 1174, [2003] INLR 74, [2003] UKHRR 302, [2003] HRLR 12, [2003] Imm AR 304

8
'Immigration And Asylum' (Bailii.org, 2016)
<http://www.bailii.org/openlaw/immigration_and_asylum.html> accessed 1 June 2016

5
etc9.

Identification and discussed requirements for political asylum and the relevant
consequences for individuals and society
The term ‘asylum’ that is considered as a well known recognized institution and a general
principle in the international law is understood as the protection which is provided or granted by
a concerned state authority within its respective territory to an individual or a group of
individuals who come/s seeking for it10. It is to be asserted in this connection that asylum is
certainly different from the refugee status for while asylum denotes the institution for protection,
the latter indicates to one such category of individuals who happen to gain benefits from the
protection provision of the law11. The concept concerning asylum law is in a constant state of
flux and in UK, seeking asylum has been made pretty much systematic and simplified on
grounds of the relevant consequences12. Applying for political asylum is a norm in UK if one
wants to be staying there as a refugee. Immigration process is required for UK government
approval, whereas it is a mandate that the person claiming asylum is not entitled to job

9
'UPDATE: Researching The Legal Aspects Of Asylum Seekers And Refugees In Australia,
Canada, United Kingdom And The European Union - Globalex' (Nyulawglobal.org, 2016)
<http://www.nyulawglobal.org/globalex/Legal_aspects_asylum_refugees_Australia_Canada_UK
_EU1.html> accessed 1 June 2016

10
Burnett A, 'Asylum Seekers And Refugees In Britain: What Brings Asylum Seekers To The
United Kingdom?' (2001) 322 BMJ

11
Gil-Bazo M, 'Asylum As A General Principle Of International Law' (2015) 27 International
Journal of Refugee Law

12
Masocha S, 'We Do The Best We Can: Accounting Practices In Social Work Discourses Of
Asylum Seekers' (2013) 44 British Journal of Social Work

6
opportunities or work permit during the claiming period13. The impact of asylum seekers is
immensely felt on the country socio-economy and cultural parameter for the newer version of
social policy, a welcome change from the existent British asylum policy’s preoccupation with
control has gone ahead to make separate social category of asylum seekers. It can be mentioned
that social policies accounting for the promotion of the social inclusion of the asylum seekers are
restrained as well as uneven and largely dependent on the provision of voluntary intuitive14.

Conclusion
The immigration and refugee provisions are not the same, for both though are integrally
connected; denote different meaning in connection with shifting location of the individuals, from
homeland to foreign territory. People under varied circumstances i.e. job hunt, better lifestyle
seek refuge to other nations and that segment of asylum, specifically political kind in this case
has been provided with new social support system with the factors concerning voucher system
and mandatory dispersal. The debate on immigration and refugee status under British law is
ongoing for there remains a hidden possibility of the development of further progressive agenda,
predominantly on the basis of commitment to the factor concerning human rights.

References

'Asylum & The Rights Of Refugees' (International Justice Resource Center, 2012)
<http://www.ijrcenter.org/refugee-law/> accessed 1 June 2016

Burnett A, 'Asylum Seekers And Refugees In Britain: What Brings Asylum Seekers To The
United Kingdom?' (2001) 322 BMJ

13
'Claim Asylum In The UK - GOV.UK' (Gov.uk, 2016) <https://www.gov.uk/claim-
asylum/overview> accessed 1 June 2016

14
Sales R, 'The Deserving And The Undeserving? Refugees, Asylum Seekers And Welfare In
Britain' (2002) 22 Critical Social Policy

7
'Claim Asylum In The UK - GOV.UK' (Gov.uk, 2016) <https://www.gov.uk/claim-
asylum/overview> accessed 1 June 2016

Gani A, 'What Is The European Convention On Human Rights?' (the Guardian, 2014)
<http://www.theguardian.com/law/2014/oct/03/what-is-european-convention-on-human-rights-
echr> accessed 1 June 2016

Gil-Bazo M, 'Asylum As A General Principle Of International Law' (2015) 27 International

Journal of Refugee Law

'Immigration And Asylum' (Bailii.org, 2016)

<http://www.bailii.org/openlaw/immigration_and_asylum.html> accessed 1 June 2016

Lomba S, 'Legal Status And Refugee Integration: A UK Perspective' (2010) 23 Journal of

Refugee Studies

Masocha S, 'We Do The Best We Can: Accounting Practices In Social Work Discourses Of
Asylum Seekers' (2013) 44 British Journal of Social Work

Sales R, 'The Deserving And The Undeserving? Refugees, Asylum Seekers And Welfare In
Britain' (2002) 22 Critical Social Policy

'The Human Rights Act | Equality And Human Rights Commission' (Equalityhumanrights.com,
2016) <https://www.equalityhumanrights.com/en/human-rights/human-rights-act> accessed 1
June 2016

'UN Universal Declaration Of Human Rights: United For Human Rights' (Humanrights.com,
2016) <http://www.humanrights.com/what-are-human-rights/universal-declaration-of-human-
rights.html> accessed 1 June 2016

'Universal Declaration Of Human Rights (UDHR) | 1948' (Encyclopedia Britannica, 2016)

<http://www.britannica.com/topic/Universal-Declaration-of-Human-Rights> accessed 1 June
2016

8
'UPDATE: Researching The Legal Aspects Of Asylum Seekers And Refugees In Australia,
Canada, United Kingdom And The European Union - Globalex' (Nyulawglobal.org, 2016)
<http://www.nyulawglobal.org/globalex/Legal_aspects_asylum_refugees_Australia_Canada_UK
_EU1.html> accessed 1 June 2016