Simplification to the Immigration Rules and its effects

This thesis investigates the operation of the United Kingdom immigration rules, taking as a focus their effect upon women. The manner in which the immigration rules prescribe, deter and forbid movement is highlighted. The institutional culture of the Immigration Service is posed as a twentieth century counterpart to British overseas administration of earlier centuries. This parallel illustrates how British government practice of dealing with other cultures takes a form which, both under imperial rule and current immigration legislation, consistently marginalises lived realities. Immigration control is seen as part of a continuum of a tradition of administration in which racial discrimination is an integral quality of working practice. The mystification of working practices nonetheless ensures denial of discrimination. The embodiment of universal categories and an independent appeal system within immigration control stand as ostensible safeguards against departure from an ideal of non-partisan operation, yet the opposite is pervasive. The categories of passenger inscribed within immigration rules are identified as a core element of control. These demand fulfilment of particular constructs of identities which are culturally and gender role specific. The inclusion of examples of women who are subject to the immigration rules illustrates the implications of the dichotomy between self-knowledge which is a lived reality (of for example a mother or wife), and the categorisation of those identities within rules and practice. Administrative categorisation is revealed as manufacturing identities which serve specific ideological, political or economic ends. The constructed identities become received knowledge of those categorised, and of different cultures, which has socio-political consequences. Not least of these consequences is generation of a self-fulfilling prophecy of those legislated against standing as justification for immigration control.

Nursing and Residential CareVol. 22, No. 5 News AnalysisCould new immigration rules ‘spell disaster’ for the care sector?Melissa McAleesMelissa McAleesFreelance journalistSearch for more papers by this authorMelissa McAleesPublished Online:9 Apr 2020https://doi.org/10.12968/nrec.2020.22.5.2AboutSectionsView articleView Full TextPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack CitationsPermissions ShareShare onFacebookTwitterLinked InEmail View article References Care Industry News. Government plans to end visas met with dismay across the care sector. 2020 www.careindustrynews.co.uk/2020/02/government-plans-to-end-visas-met-with-dismay-across-the-care-sector/ (accessed 28 February 2020) Google ScholarGov.UK. The UK's points-based immigration system: policy statement. 2020. www.gov.uk/government/publications/the-uks-points-based-immigration-system-policy-statement/the-uks-points-based-immigration-system-policy-statement (accessed 6 March 2020) Google ScholarParliament UK. Home Secretary Priti Patel updates MPs on new points-based immigration system. 2020 www.parliament.uk/business/news/2020/february/statement-on-points-based-immigration-system/ (accessed 6 March 2020) Google ScholarSyal R. Brexit could result in 115,000 fewer care workers. Guardian. 21 August 2018. www.theguardian.com/politics/2018/aug/21/brexit-could-result-in-115000-fewer-care-workers-freedom-of-movement (accessed 28 February 2020) Google Scholar FiguresReferencesRelatedDetails 2 May 2020Volume 22Issue 5ISSN (print): 1465-9301ISSN (online): 2052-2932 Metrics History Published online 9 April 2020 Published in print 2 May 2020 Information© MA Healthcare LimitedPDF download

The myth that Ghana is stable and peaceful, cause many refugees from across Africa and elsewhere, escaping wars from their countries to flee there. Whilst here, refugees face transitional problems in acculturation and settlement, stemming from a lack of education, as many have not had formal education before coming to Ghana. The problem is worsened by an immigration system and a social structure that delays responding to refugees’ needs. With a lack of viable employment to support parents’ settlement needs, these cumulatively function to affect refugee children’s educational attainment. Using ideas from Giddens’ structuration theory as a conceptual framework, the research seeks to understand how immigration rules and other mediated rules at the Ganfoso Refugee Camp, interlacing refugee parents’ acculturation/settlement experiences, impact children’s educational lives. The article uses narratives from teachers/head-teachers, refugee camp management, and a cross-section of community members to highlight how social structures, policy regulation and implementation, combined with issues of refugees’ agency (personal experiences and responses to situation), impact upon their settlement and affect their children’s education.Through qualitative interviews with 69 participants, the article highlight discussions on the effect of institutional barriers to refugees’ experiences, and impact on educational access of refugee children in Ghana.

Assessing credibility is a legitimate and significant step in determining refugee status, but the term ‘credibility’ is employed with a range of descriptive intentions and legal consequences. It may be used loosely to express the strength of the case, or it may be given a very specific role in relation to the admissibility of the applicant's unsupported statements as evidence. By introducing some basic concepts from the law of evidence, the threshold of ‘credible’ can be set much lower than ‘proven’. It is shown that credible but unproven statements may play an important role in satisfying the standard of proof in asylum cases. This article takes as its starting point the UK's ‘Asylum Policy Instruction’ (API) on credibility. APIs are statements of the government's asylum policy, and are followed by asylum ‘case owners’ and other decision makers. Although well-intentioned, the API runs the risk of confusing credibility and proof. In order to explore the issues of credibility and proof, this article analyses the API itself, the UK's primary legislation, Immigration Rules, and case law, EU law, and guidance provided by the Office of the United Nations High Commissioner on Refugees (UNHCR).

The Law Commission has concluded in a recent consultation paper (‘Administrative Redress’) that claimants are able to sue public bodies successfully in negligence in an unacceptably wide range of circumstances. For this reason, it has proposed the introduction of a new touchstone of liability: ‘serious fault’. The Law Commission regards the liability regime it proposes as superior to the existing law since it would reduce the number of occasions on which claimants deflect public bodies from their core concerns (delivering goods and services that serve the public interest). The Law Commission also finds support for its proposal in a ‘principle of modified corrective justice’. On the analysis offered in this essay, the requirement of ‘serious fault’ is better understood as strengthening a commitment to ruthlessness (in the sense specified by Thomas Nagel) that is present in the existing law. This essay also argues for a reform of negligence law (as it applies to public bodies) that is very different from that proposed by the Law Commission. This is the application of the proportionality principle at the third stage of the duty of care test in Caparo Industries plc v Dickman. More generally, this essay criticises the Law Commission on the ground that it assumes that public bodies have sufficient information to perform a wide range of tasks effectively. This is often not the case. Moreover, negligence law in its existing form is a (non‐market) discovery‐procedure by means of which public bodies can, when defending novel claims, become better acquainted with the environment in which they operate.

Junior doctors and other healthcare staff from the European Union could be blocked from taking up valuable posts in the NHS under new UK immigration rules, healthcare leaders have warned....

The UK immigration rules require an applicant for admission as the spouse or fiance of a person settled in the UK to demonstrate that ‘each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting’. This chapter is concerned with applicants for settlement as the spouse of a person already settled in the UK or who is entering the UK for settlement at the same time. The negative connotations associated with both forced and sham marriages fall more heavily on international ethnic minority marriages. The abolition of the primary purpose rule has led to a welcome reduction in number of refusals from the sub-continent but there remains a significant residue of applicants who are refused. Refusal rates for certain countries remain far higher than for others.

Changes to the UK immigration are set to affect the care home industry. Katie Mear explains the changes and the process that managers and those in charge of recruitment must follow to comply with the new rules, and ensure homes are not left short staffed.

The provisions of the UN Convention and Protocol regarding the Status of Refugees are incorporated into UK immigration practice by the Immigration Rules (HC 169). It is expressly provided that: Where a person is a refugee full account is to be taken of the provisions of the Convention and Protocol relating to the Status of Refugees. Nothing in these rules is to be construed as requiring action contrary to the UK’s obligations under these instruments (paras 16 and 96).

The instrumentalisation of law for the purposes of creating a ‘hostile environment’ and deterring ‘unwanted migration’ is particularly visible in the UK. The new Nationality and Borders Act 2022 contains proposals on asylum which show a rejection of international law norms and conventions, without having had the political courage to put that rejection squarely to the public. That is not new. Right from the emergence of asylum as a political issue in the 1980’s, the lukewarm official ‘welcome’ never quite hid the stance of disbelief which underlay the UK’s legal and procedural responses. A parallel process, beginning even earlier but accelerating from 2010 onwards, has taken place in UK domestic immigration law. New legislation, Immigration Rules, policies, application procedures and litigation practices show diminishing respect for rule of law principles. This article uses simple and hopefully uncontroversial definitions of international law norms and accepted common law rule of law principles against which to analyse and critique key aspects of UK immigration control. It concludes that UK policies and practice have over time displayed an increasing hostility to those norms and principles, resorting to ignorant and even brazen indifference to facts, evidence, and analysis, and widening the gap between domestic and international law in important respects.

On leaving the EU, changes to the UK’s immigration system meant that low-skilled workers from overseas were largely prohibited from entering the UK. Since industries such as agri-food and construction have been dependent on low-skilled migrant labor, the present study examined whether there would be increased risks of labor exploitation. Interviews conducted with 43 senior industry representatives revealed problems already being experienced recruiting labor that were expected to worsen. Participants believed that labor exploitation would increase, especially further down the supply chain, compounded by the impact of Covid-19, which some participants stated had prompted neglect of due diligence. In searching for practicable solutions, participants saw the new immigration rules as opportunities to reexamine business practices to appeal more to British workers through, say, providing better pay. Such aspirations are thought unlikely, when considering the various factors that create downward cost pressures upon consumers. Similarly, industry responses in developing new technologies to overcome labor shortfalls seem still some years away from realization. These conditions, together, suggest that there is a continuing and pressing demand for cheap labor, particularly from overseas, which is only being partially addressed by the current seasonal visa schemes. Accordingly, risks of increased labor exploitation remain very real.

Emergency Care Crisis in the United Kingdom and Ireland: Emergency Physician Exodus Looms in Wake of Pay Cuts, Staffing Shortages

The Human Rights Act, 1998 (HRA) came into force throughout UK on October 2nd, 2000. The HRA incorporated most of the Articles of the European Convention of Human Rights (ECHR) into domestic law. Until that time, both the state and the individual were notionally allowed to act with relative freedom in pursuit of their own interests, provided those actions were in accordance with statutory provisions and common law. The HRA introduced the principle that the action of the state and public bodies had to be justified in accordance with the limitations imposed by the ECHR. Moreover, the HRA introduced the concept of positive rights into UK legislation. The legal and moral position now is such that both the human rights of the UK citizen and the responsibilities of the UK state have become legally defined.

Public authorities, bodies and institutions are established by statutory legislations and must therefore carryout their functions and operations in accordance with those prescribed statutory provisions. At any point those public authorities act outside those statutes, the general public should have unrestricted access to courts in order to checkmate those exegesis. The courts therefore have supervisory jurisdiction on public bodies and institutions under the realm of judicial review to determine the legality or otherwise of public institutions’ decisions affecting the general public or their properties. This article critically analyses the principles of judicial review in the United Kingdom and in Nigeria to see if there is anything the latter can learn form the former.

Section 233(1)(a) of Malaysia's Communications and Multimedia Act 1998 criminalizes transmitting offensive (jelik), indecent, false, menacing, or offensive communications with intent to annoy, abuse, threaten, or harass. However, the term "offensive" remains ambiguously defined, relying on subjective societal norms and emotional interpretations, leading to inconsistent legal applications. This ambiguity complicates enforcement, as prosecutors must prove both the offensive nature of the content and the accused's malicious intent, while the accused face the additional challenge of rebutting Section 114A of the Evidence Act 1950, which presumes their liability for online content. The lack of clear judicial guidance exacerbates these issues, underscoring the need for legislative or precedential clarity to balance free expression with protection against digital harassment. This writing aims to highlight the current legal situation in Malaysia and the approach taken by criminal trial courts in addressing the evidentiary crisis surrounding Section 233 of Communications and Multimedia Act 1998. The study employs a qualitative research methodology, analyzing primary and secondary legal sources, including case law and statutory provisions, to assess the challenges in defining and proving "offensive" conduct. Key findings reveal significant inconsistencies in judicial interpretations, with courts relying on subjective societal standards and emotional responses to determine offensiveness. The study also identifies the disproportionate burden placed on the accused due to the presumption of liability under Section 114A of the Evidence Act 1950. To address these issues, this writing recommends legislative amendments to provide clear definitions of "offensive" conduct, grounded in Malaysia’s socio-cultural context. Additionally, it calls for judicial guidelines to standardize the application of Section 233, ensuring fairness and predictability in enforcement. These measures would enhance legal certainty while safeguarding fundamental rights to free expression and protection from digital harassment.