Report on Public Law - ECHR
Added on 2020-06-05
9 Pages2728 Words72 Views
Public Law
Table of ContentsINTRODUCTION...........................................................................................................................3Case scenario..........................................................................................................................31.) Section 1 of the Act is incompatible with ECHR.............................................................32) Section 2 Contradict constitutional principles...................................................................53) Current law and legislation that contradicts these constitutional principles has no legalidentity....................................................................................................................................64.) Legal arguments which can be made against section 2 and assist Mr Montoya’s case....6
INTRODUCTION Deportation is the compulsory removal of non-UK nationals who tried or breached UKimmigration rules, This can be done if they live there illegally or because they stay more than thegiven time. The present report is based on the case study and it covers Section 1 of the Act isincompatible with the European Convention on Human Rights (ECHR). Along with this, Section2 of the Act contradicts well-established constitutional principles that will also be discussedCase scenarioAccording to the given scenario, Mr. Inigo Montoya is a non-British national. Heparticipated in an illegal demonstration against The Britain first act 2017. According to this actnon- UK nationals who participated in any of illegal demonstration can be deported from thecountry. For his illegal demonstration, hearing was granted and decision made by Home Officeto deport Mr. Montoya from the UK. 1.).Deportation is the public good and in it requires a foreign national to leave the UK andauthorise his custody till the date they are not removed from the UK. However, deportation ordercan be applied on the foreign national even they have a valid visa1. Along with this, they areprohibited from entering the country until the time of the deportation order. An individual who isnot a British citizen can be deported from the UK as per the Immigration Act 1971. According tothis act, while deciding that someone on grounds, that the public interest need to be balancedagainst the different circumstance in the case2. An individual cannot be deported from thecountry until they did not commit any illegal activity or breach refuge convention and theEuropean Convention on Human Rights3. There are some exceptions for an automaticdeportation such as at the time when individual raise a claim under the ECHR. While a person isbelow the age of 18 on the date of conviction etc. Apart from this, as per the UK immigrationlaw, a deportation order can be made against a foreign national in certain situations. However,the deportation order is not only deporting an individual from the UK but also held in custody tillthe data of proving right. There is some basic assumption related to the deportation order such as1Sawhney, I., Zia, A. and Gates, B., 2017. Patients with learning disabilities who lack capacity detained under theMental Health Act in the UK: A case study. British Journal of Learning Disabilities. 45(2). pp.138-1412Party, C.G., 2015. The European Convention on Human Rights and the UK Bill of Rights: a briefing paper3Bosworth, M., 2017. Penal Humanitarianism? Sovereign Power in an Era of Mass Migration. New Criminal LawReview: In International and Interdisciplinary Journal. 20(1). pp.39-65
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