Carrier sanctions oblige commercial entities to check the validity of passengers’ documents and deny boarding where no valid documents are shown, or where fraud is suspected. The…
Abstract
Carrier sanctions oblige commercial entities to check the validity of passengers’ documents and deny boarding where no valid documents are shown, or where fraud is suspected. The necessity to flee to safer countries at a time of particular political unrest has necessitated the use of fraudulent documents, which the sanction regime and subsequent case law have attempted to curtail. However, increased investigation into legitimacy of travel documents has induced the taking of dangerous routes to reach Britain. In particular, danger is posed by oncoming traffic, and where entry is attempted clandestinely, within lorries. Men, accounting for the majority of irregular entrants, are more likely to experience danger. Due to the very nature of their precarious position, potential asylum seekers may not hold travel documents, which induce the taking of dangerous routes to make asylum applications once in Britain. This chapter will attempts to link carrier sanctions, danger, and humanitarian obligations.
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“Guantánamo lawyers” are a variegated group of lawyers from diverse practice settings, backgrounds, and beliefs. Drawing from interview and archival data, this chapter explores…
Abstract
“Guantánamo lawyers” are a variegated group of lawyers from diverse practice settings, backgrounds, and beliefs. Drawing from interview and archival data, this chapter explores why these lawyers have mobilized to work on Guantánamo matters. What processes engender “heterogeneous mobilization” (i.e., mobilization from different practice settings, and diverse professional, as well as political backgrounds, and beliefs) of lawyers? What are the impacts of such mobilization on the work of lawyers? Adopting a social movement lens and a contemporary historical perspective, this chapter identifies lawyers’ perceptions of their role vis-à-vis the “rule of law” as the most significant cross-cutting motivation for participation. The overlap in human rights orientation of legal nongovernmental organizations (NGOs) and the legal academy, and the corporate pro bono practice at top law firms, facilitates collaborative lawyering between lawyers. Despite some potential limitations of such collaborations, heterogeneous mobilization appears to contribute, at least in the case of Guantánamo, to a greater likelihood of resistance by lawyers to the retreat from individual rights in the name of national security.
A Memorandum of Understanding (MoU) was uncovered in January 2017 detailing the sharing of patient data from NHS Digital to the Home Office. It signified a deepening of the…
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A Memorandum of Understanding (MoU) was uncovered in January 2017 detailing the sharing of patient data from NHS Digital to the Home Office. It signified a deepening of the hostile environment’s presence in the NHS, and was comprehensively rejected by medical professionals. In November 2018, following extensive action calling for its removal, the MoU was withdrawn. This chapter explores how three factors: the lack of legal basis, wide reaching effects, and ethical conflicts of the MoU led to the success of this action, and aims to apply these lessons to other areas of hostile environment policy. It will be established that ethics proved the most influential factor in inciting the opposition, however, all factors may have been integral to the overall success. It shall be demonstrated that, although the success of this action promises much with regards to charging policy, it may be of limited applicability to other areas of the hostile environment.
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The ‘hostile environment’ agenda of Government has effectively endorsed the deliberate exploitation of irregular migrants in the agricultural industry. This minor project of…
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The ‘hostile environment’ agenda of Government has effectively endorsed the deliberate exploitation of irregular migrants in the agricultural industry. This minor project of jurisprudence will provide two arguments in support of this hypothesis. Firstly, the vulnerabilities faced by irregular migrants are reinforced through the xenophobic narrative embodied within the law and the courts. The lack of priority afforded to modern slavery on the UK Policy Agenda has allowed a ‘grey labour market’ (1) to develop. Irregular migrants face a ‘precarity paradox’ and (2) they must avoid the carceral regime of immigration control by entering into unprotected and deliberately exploitative work. Secondly, a lacklustre attempt to remedy the corruption in the horticultural industry proves that the state is preoccupied, capitalising on irregular labour practice in the interests of state capital. Thus, the Government allows the commodification of workers within the supply chain to profit British businesses.
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This chapter aims to critically access the Tier 1 (Investor) visa’s effect on the conceptualisation of the British Migration system. The scheme offers an exclusive route to…
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This chapter aims to critically access the Tier 1 (Investor) visa’s effect on the conceptualisation of the British Migration system. The scheme offers an exclusive route to temporary residency in the UK in return for a £2 million investment in Britain. It is contended that the government have consistently underestimated the continual detrimental effects of offering such a scheme due to their overarching pursuit for economic gain. As such, the scheme has imparted social disadvantage, highlighting the prevalence of inequality and the existence of a hierarchy of desired migrants. Furthermore, it is asserted that the investor scheme is facilitating threats to the public’s safety, exemplified in the recent Salisbury Novichok attacks. However fundamentally, this chapter will seek to illustrate that the Tier 1 (Investor) visa has commodified the UK’s migration system, bestowing investors with a ‘golden ticket’ and in turn disregarding the needs of the UK’s citizens.
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Devyani Prabhat and Jessica Hambly
This article identifies children’s rights as a neglected area in citizenship literature, both in socio-legal scholarship and in British nationality case law. It analyzes reasons…
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This article identifies children’s rights as a neglected area in citizenship literature, both in socio-legal scholarship and in British nationality case law. It analyzes reasons for this neglect and posits that there exists a dichotomy in approaches to the wellbeing of children in the UK. The characterization of children’s interests and subsequent obligations owed by states to children are different in nationality law from other areas of law, notably, family law. Through our case study of the registration of children as British citizens, we argue that in the UK formal legal membership may appear achievable “in the books” but remains elusive in “law in action.” Children’s interests should be just as central to citizenship studies and nationality case law as to family law cases. A new approach to acquisition of British citizenship by children, with the best interests of the child as a critical evaluative principle at the heart of decision making, will usher in a new era. In the absence of such reconceptualization, children remain passive subjects of nationality law and their voices are unheard in processes of acquisition of citizenship.
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Since January 1997, the UK has imposed sanctions on employers found to be employing irregular workers. Coercing employers into conducting immigration status checks makes it…
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Since January 1997, the UK has imposed sanctions on employers found to be employing irregular workers. Coercing employers into conducting immigration status checks makes it increasingly difficult for irregular migrants to secure employment opportunities, thus restricting their ability to sustain a tolerable life in the UK. The deputisation of employers, as well as other private entities, such as landlords, has become a pivotal element of what is commonly known as the ‘hostile environment’, an attempt to make UK life unbearable for irregular migrants. This chapter uses the social science critique of ethnocentrism to explore different forms of bias and discrimination embedded in the deputisation of employers. Dehumanisation and exclusion are the two manifestations of ethnocentrism focussed on: examples of these recurring issues are drawn from the justifications for implementation, and effects of the employer sanctions regime.