The Impact of UK Immigration Law : Declining Standards of Public Administration, Legal Probity and Democratic Accountability.

Format:

Book

Author/Creator:

York, Sheona.

Language:

English

Subjects (All):

Emigration and immigration--Government policy.

Emigration and immigration.

Emigration and immigration law.

Genre:

Electronic books.

Physical Description:

1 online resource (284 pages).

Place of Publication:

Cham : Springer International Publishing AG, 2022.

Contents:

Intro

Foreword

Acknowledgements

Permissions

About This Book

Personal Acknowledgements

Contents

About the Author

Abbreviations

1 Introduction, Conclusion and Recommendations

1 Conclusion

2 Recommendations

2 The Postwar Arrival of British Subjects-The Drive for Control Leads to Poor Public Administration and an Unequal Burden of Proof

1 Introduction

2 Empire's Shadow: Capitalist Exploitation and Racial Thinking

3 Background to British Emigration and Immigration at the End of the War

4 Broken Promises?-From 'Civis Britannicus sum'11 to Comprehensive Immigration Control

4.1 The Arrival of Commonwealth and Colonial Citizens: Racial Unrest and Political Responses

4.2 The Position of the Trade Unions and Left Organisations

4.3 The Commonwealth Immigrants Act 1962: Turning Commonwealth Citizens into Labour Migrants

4.4 The Labour White Paper 1965-The Turn to Control

4.5 The Commonwealth Immigrants Act 1968-Keeping Citizens Out

5 The Foundation of Modern UK Immigration Control-The Immigration Act 1971

6 1971-79-The Consequences of Continued Anti-Immigration Pressure

6.1 The 1972 'Ugandan Asians' Debacle

Small Labour Reforms

6.2 May 1976-The 'Malawi Asians' in the 4-Star Hotel

'Back Door' Immigration

6.3 Gender Bias, Unacceptable Practices and the 'Culture of Disbelief'

7 Internal Controls, Enforcement and Deportation

7.1 'Mission Creep' and Retrospective Changes in Definition of 'Illegal Entrant', 'Settled', 'Deception'

7.2 The Emergence of Home Office Internal Policies

8 Control by Impoverishment and Poor Administration

8.1 Curtailment of Immigrants' Rights to Benefits and Services

8.2 The Year 1988 and Onwards-Further Restrictions and Bad-Faith Measures

8.3 The Immigration 'Shambles' and the Citizen's Charter.

9 Civil Unrest, Confrontation and Colonial-Style Cooption

9.1 Unrest and Confrontation

9.2 Imposition of Visa Requirements on Commonwealth Citizens

9.3 Government Responses to Racism and Unrest-Cooption of Communities

3 The UK Immigration Control Responses to Asylum: Exclusion, Disbelief, Stigma and Neglect

2 The Construction of Asylum-Seeking as Essentially Bogus: Choice of Destination, Credibility and Refugees 'Of Concern'

3 UK Responses to the First 'Asylum Crisis': Exclusion, Stigma, Disbelief and Control

3.1 The Slow Development of UK Asylum Law, Rules and Procedure

4 The Asylum and Immigration Appeals Act (AIAA) 1993 and the Statement of Changes in the Immigration Rules 1994: Restrictive Legislation Amidst Administrative Turmoil

5 The Asylum and Immigration Act 1996-'Relegislation', 'Destitution by Design'35 and Continued Administrative Turmoil

6 Legal Failings and Critiques: The Issue of 'Credibility' and the Overburdening of Proof

7 The 1996 Housing and Benefit Restrictions: Immediate Impact and Litigation Response

8 Labour's Approach to Asylum: Relegislating, Destitution and Litigation

8.1 The Immigration and Asylum Act 1999: 'Workhouse-Style' Asylum Support

8.2 The Nationality, Asylum and Immigration Act 2002, Section 55 and the High Point of Human Rights Legal Activism

8.3 Further Relegislating: The Asylum and Immigration (Treatment of Claimants) Act 2004

the Immigration, Asylum and Nationality Act 2006

8.4 The 2006 Collapse of the Immigration and Nationality Directorate: The Legacy and Fresh Claims for Asylum

9 Asylum Under the Coalition and Conservative Governments: From 2010 to the 2021 New Plan for Immigration

4 Labour Migration: A Challenge to Social Solidarity?

2 Post-War Labour Shortages-Resettlement of Refugees and Displaced Persons.

3 Turning Commonwealth Citizens into Guest Workers: The Commonwealth Immigrants Act 1962, the Immigration Act 1971

4 Open Doors? Expansion of Work Permits

the Points-Based System

5 Unlimited Free Movement Following EU Enlargement in 2004

6 The 2008 Financial Crash and Aftermath: Brexit and Beyond

5 UK Immigration and Asylum Administration-A Public Administration Failure?

2 The Catalysing Effects of Coalition and Conservative Policies

2.1 The 2012 'New Rules'

2.2 The 'Hostile Environment' and the Windrush Debacle

3 The Origins and Development of Poor Public Administration in Immigration Control

3.1 'Large Backlogs and Waiting Times'

3.2 'Not Fit for Purpose'-The Collapse of the Immigration and Nationality Department

3.3 'Not Good Enough'-The Collapse of the UK Border Agency and Aftermath

4 Pervading Problems of Public Administration in Immigration Control

4.1 Delay

4.2 'Harm'

4.3 Accuracy

5 'This Is Not a Way to Run an Immigration System': Official Criticisms

6 The EU Settlement Scheme [EUSS]-A Better Way?

6 UK Immigration and Asylum Administration and Adjudication: Home Office Indifference to Rule of Law Principles

2 The Design and Preparation of Legislation and Rules

3 The Rule of Law and Operational Procedures: Legal Changes by Stealth12

4 Legal Conscientiousness: The Heavy Burden and Standard of Proof

5 Home Office Lack of Legal Conscientiousness in Decision-Making

5.1 Failure to Follow Its Own Policies and Guidance

5.2 Bad-Faith Reliance on Poor Evidence in Large Categories of Cases

5.3 Delay and Failure to Follow Legal Precedents

6 The Rule of Law and the Conduct of Appeals

7 Curtailing and Undermining Access to Redress-The 'Revenge Package'

7.1 Cuts in Legal Aid50.

7.2 Reduction in Rights of Appeal, Limiting Grounds of Appeal

Limiting Access to Judicial Review

8 The Rule of Law and Delay, Mistakes, Legitimate Expectation and Retrospective Measures

8.1 People 'of Concern'

8.2 Retrospective Effect

9 Outsourcing and the Hostile Environment: 'Legal Distancing', Criminalising, Creating and Perpetuating Illegality

9.1 'Legal Distancing'

9.2 Criminalising the Very Person of the Migrant

9.3 Creating and Perpetuating Illegality

7 'In the Light of What We Know'-Immigration Control, Social Cohesion and Citizenship as Common Purpose

2 The Purpose and Meaning of British Citizenship

2.1 Review of the British Nationality Act 1948

2.2 The Nationality Green Paper of 1977

the British Nationality Act 1981

2.3 Encouraging Citizenship-The 1990 Report

2.4 Secure Borders, Safe Haven: Reimagining Citizenship in a Crisis of Social Cohesion

2.5 The Borders, Citizenship and Immigration Act 2009-Proposed Downgrading of Settlement and Citizenship Rights

2.6 Citizenship as Common Purpose

3 The Legal Conditions of Migrants Living in the UK: Precarity and Insecurity

4 Reimagining the Purpose and Content of External Control, 'in the Light of What We Know'

5 Conclusion

8 Immigration Control and Democracy-Who Belongs, and Who Decides?

2 Democracy and the 'Abstract Migrant'

3 Democratic Accountability and UK Immigration Control

3.1 Citizenship

3.2 Legislation, Rules and Guidance

3.3 Legal Changes Through the Courts

4 Difficulties of Democratic Discussion

5 Conclusions on Democratic Accountability

6 Concluding Summary

7 Recommendations

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Other Format:

Print version: York, Sheona The Impact of UK Immigration Law

ISBN:

9783030987213

Access Restriction:

Restricted for use by site license.