Law Question

Law

Renmin University of China

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Fix this law paper according to its comments attached.

Fix this law paper according to its comments attached.

Fix this law paper according to its comments attached.

Fix this law paper according to its comments attached.

Fix this law paper according to its comments attached.

Fix this law paper according to its comments attached.

Fix this law paper according to its comments attached.

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The Impact of Deportation on Deportee, Children and Families of the deportee Adepeluola Abimbola Aiyere 15035421 London Metropolitan University 2019/20 It is clear that this is an area of great interest and passion to you. There is evidence of some relevant research and you have attempted to provide some context to the issue of immigration. The main concern or area that you must address is the level of legal information that ought to be included in a law dissertation. There is an expectation of references should be made to immigration and relevant sections of a particular Act. There is very limited reference and or analysis of these aspects during the main part of the paper. The sections towards the end which refer to law and cases, arguably are a bit too late in terms of your analysis and application of the law. Family 2 The latter part of chapter two gives some attention to case law and law however you do not make the most of this information in terms of incorporating or by making reference to relevant cases (eg footnotes) and issues discussed earlier in the paper. More importantly you only provide a description of the cases which appear to be predominantly EU rather than UK decided cases on immigration law. If the main emphasis of the paper is EU law, then this would be fine however the context of the paper appears to be UK and therefore this is something that you will need to address. The way in which the cases (EU) that you have included could be used in a more analytical way in terms of e.g. contrasting cases, issues or application that may raise questions relating to the application of immigration laws or art.8. This might be an occasion for reference to judgements etc if it serves to support your discussions relating to children and immigration. Referencing/citations You appear to shift between Harvard and footnotes. The norm for legal writing is to use OSCOLA – primarily footnotes. The main issue is that the material used is referenced however, you should aim to focus on one or the other. An issue that you must address in this context is the absence of case citations and sections of statute. For example the reference to statutes should include the year of the Act – there are some omissions, when referring to some aspects of law, one might expect to see a footnote that refers to the section of the statute, article instead of a reference to journal article. This is not a problem per se (ie you should quote the source) however the concern is that it gives the impression that there has been limited direct contact with the appropriate legal sources. Journal articles are very important and there is clear evidence of your reference to these sources, however there is limited reference to immigration law textbooks – these should Family 3 be evidenced at salient points in the body of the paper and at the very least in the bibliography. There are some very good points identified but there are also areas that are quite descriptive and do not necessarily provide a clear idea as to why they have been included – meaning that you might consider how some of the information is included to support or refute your research premise. Research methodology Some relevant aspects included. In other areas eg the elements relating to qualitative/quantitative this element appears to be quite general and the connection with your paper was not always clear. What are the prevailing themes etc garnered from the literature in this area? How does it support your research etc. Your paper begins with a consideration of immigration and children, however this theme is not always prevalent. If the main issue is children and immigration law, this should be a theme/concept that you refer to during the course of the paper to ensure that the material is on point etc. If the issue is immigration in broad terms with particular reference to children and the issues raised during the immigration policy of the hostile environment – you need to make sure that you are applying/referring to relevant law. If not, there is a risk that you might conflate immigration law with social justice issues including BLM. Again if the purpose is to make this link, this OK provided you keep in mind that the context is predominantly law. Be careful that discussions do not become too emotive. Family Overall, the reference to legal aspects needs more attention. For example by the end of chapter 2 there are only a few references to law and even fewer references to sections of statute and up to chapter 2 no case law. These are key features for a law dissertation. See general comments in the body of your paper and the comments relating to your conclusion. I hope this helps you 4 Family 5 TABLE OF CONTENTS CHAPTER ONE: INTRODUCTION .................................................................................... 6 1.1 Introduction ...................................................................................................................... 7 1.2 Research Problems ......................................................................................................... 10 1.3 Background .................................................................................................................... 11 1.4 Aims and Objectives ...................................................................................................... 12 1.5 Rationale......................................................................................................................... 13 CHAPTER TWO: LITERATURE REVIEW ..................................................................... 15 2.1 Deportation ..................................................................... Error! Bookmark not defined. 2.2 UK Immigration Act ...................................................................................................... 17 2.3 Difference between Deportation and Expulsion ............................................................ 19 2.3.1 Deportation and Grounds for Expulsion .................................................................. 21 2.3.2 Deportation Procedure ............................................................................................. 21 2.3.4 Consequences of Deportation .................................................................................. 22 2.3.5 Challenging the Decision to Deport ........................................................................ 22 2.3.6 Expulsion Procedure ................................................................................................ 23 2.3.7 Consequences of Expulsion ..................................................................................... 24 2.4 Analysis of Wind Rush Generation ................................................................................ 28 2.4.1 Environment Hostile to Illegal Immigration Policy ................................................ 32 2.4.2 British Government Reaction to Scandal ................................................................ 32 2.5 Current Issues and Impact of Deportation...................... Error! Bookmark not defined. 2.6 Analysis of different Cases of Deportation .................................................................... 35 2.6.1 Law Opposed a Decision in a Complex Case of Deportation ................................. 37 2.6.2 The Court Grants under Article 8 ECHR ................................................................ 39 CHAPTER THREE: METHODOLOGY ........................................................................... 41 3.1 Research Methods .......................................................................................................... 41 3.2 Research Strategy ........................................................................................................... 42 3.3 Data collection................................................................................................................ 42 3.4 Case Study ...................................................................................................................... 42 3.4.1 A Case of Windrush Generation and Black Lives Matter ....................................... 43 3.5 Ethical Considerations.................................................................................................... 46 CHAPTER FOUR: DISCUSSION ....................................................................................... 47 CHAPTER FIVE: CONCLUSION ...................................................................................... 49 Family 6 REFERENCES....................................................................................................................... 51 Chapter 4 – Discussion should not be used as a heading. Family 7 CHAPTER ONE 1.1 Introduction The population of undocumented migrants living in European countries has significantly increased over the past decades (Rojas et al., 2017) – usually better to stick to one form of referencing e.g. OSCOLA or Harvard. Presently there are more than 3 million undocumented immigrants residing in the European Union (EU) member states, and most of these individuals have lived in the EU member countries for more than 15 years (Christie, 2013). As a result of this, the EU countries have resorted to applying measures of internal control by limiting undocumented migrants’ access to privileges and services reserved for EU citizens in order to force them to return to their home countries voluntarily. However, a significant number of these immigrants are refuges of war and (take care with spelling etc) poverty from third world countries (Lovato et al., 2018). Some of them migrated to EU with their children whilst others bore children whilst in the host countries. In accordance with the fourth protocol of the European Convention on Human Rights,(year) no one can be expelled from the territory of the state of which person is a citizen, and no one can be prohibited from entering the territory of his state.1 In the event that the state is only a host country and is not a home, a person who poses a threat to society may be deported. A deportation order requires such a person to leave the country and entitles them to be detained pending expulsion. In accordance with current immigration law of UK could refer to specific law in the footnote, a deportation order can also be issued to family members of the person being 1 Adolphsen, Caroline. “Children’s Right to Family Life in Denmark.” In Children’s Constitutional Rights in the Nordic Countries, pp. 374-387. Brill Nijhoff, 2019. Family 8 deported. This can be avoided in cases where the spouse is independent and is eligible for a residence permit in the UK, in case of separation from the deportee.2 The decision not to deport the child from the country is taken if the child lived with one of the parents separately from the deported parent, if the child is independent and lives separately, and also if the son or daughter of the deported were married before the deportation decision entered into force. It is important to note that in such decisions, the UK Home Office pays attention to whether the family will be able to live at a decent level if one of its members is deported. Whether they will have to seek help from government agencies for teaching social security or from relatives and friends, and whether the deportation will affect the school-age child and will not have a negative impact on his level of education.3 Under current legislation, the right to appeal is extremely limited. It is possible to challenge the decision on administrative expulsion in court only if the expelled person is denied asylum. With deportation, the chances of a successful appeal are much lower. The Immigration Service can certify the right to appeal that is, an appeal deportation. Deportations from the United Kingdom as a whole differ in certain aspects of inequality in regard to race and ethnic differences. For example, in 2018, Asians were the largest group of immigrants.4 Africans and other non-Europeans are following them closely. Previous research also has shown – you should aim to be specific – provide a reference(s) in the footnote but in general, try to limit the use of this phrase how to produce accurate and measurable reports on the number of immigrants and their nationalities, they could not 2 O’Callaghan, Elaine, Conor O’Mahony, and Kenneth Burns. “Child participation advocacy tool.” (2018): 1-2. 3 Simon, Patrick, and Mélodie Beaujeu. “Mainstreaming and redefining the immigrant integration debate in old migration countries: A case study of France, the UK and the Netherlands.” In Mainstreaming Integration Governance, pp. 25-46. Palgrave Macmillan, Cham, 2018. 4 Burns, Kenneth, Tarja Pösö, and Marit Skivenes. Removals of children by the child welfare system–variations and differences across countries. New York: Oxford University Press, 2016. Family 9 determine whether which policy was used to drive out every ethnic minority assembly and whether rights were not balanced. Deportation is a forced removal of foreigner from the one country to another country. Deportation will be conducted when unknown visitors lose their legal residence in the UK. The immigrant has been voluntarily or forcibly expelled from the country under government supervision. The deportation of convicted immigrants will lead to family isolation, affecting 1.6 million children and adults in the European Union.5 Immigration laws designed to encourage the deportation of illegal immigrants from the country, but it is not significantly overcome immigration rates. Currently, a large number of immigrant dissidents are demanding to be expelled from the UK in accordance with “Article 8 of the European Convention on Human Rights”.6 According to the Article eight it shows, that workers who break the law are allowed to stay in the area only if they have family. Most of the claims related to the expulsion order make use of this right to family life.7 The only reason illegal workers can stay in the UK should be possible when their life or well-being is under threat in their own country. However, the Interior Ministry is trying to break through the method of expelling illegal immigrants. As a result, the reasons for rejecting the deportation decision were reduced. In addition, unknown criminals may be expelled from the UK for life or property reasons before recruitment. 5 Coffey, Darragh. “Standards of Scrutiny in Judicial Review of Deportation Decisions Involving Article 3, ECHR–XX v Minister for Justice and Equality.” (2017). 6 Collinson, Jonathan. “Reconstructing the European Court of Human Rights’ Article 8 Jurisprudence in Deportation Cases: The Family’s Right and the Public Interest.” Human Rights Law Review 20, no. 2 (2020): 333-360. 7 White, Robin. “The Nationality and Immigration Status of the” Windrush Generation” and the Perils of Lawful Presence in a” Hostile Environment”.” Journal of Immigration, Asylum & Nationality Law 33, no. 3 (2019): 218-239. Family 10 1:2 Research Problems The impact of deportation on families of illegal immigrants residing in continents such as North America and Asia have been extensively studied by (Rojas et al., 2017; Fekete 2005 and Lovato et al., 2018)). However, taking into account the magnitude of the repatriation incidences in Europe, there is an astonishingly limited amount of legal research publications available that explores the problem from the family’s standpoint. When an undocumented alien is repatriated, the deportation impacts both the deportee and also the family that is left behind in various ways. Therefore, this study will analysis the implication of deportation on the children and families of undocumented foreigners living in the UK. * grammar - Children immigrant is extremely powerless, many of them suffered trauma and persecution even before reaching Europe. Their rights must be carefully recognised and respected. Some eviction strategies involve the use of power however, cChildren can also be harmed when power is used against adult family members. Recently, Western European countries, mainly Austria, Germany, Sweden and Switzerland, hashave been deported forcibly thousands of residents to Kosovo and other Balkan countries. This is the perfect opportunity to rethink the fleeting approach of Children ( why are you using capital C for children?. Children are the most important and social professionals in European countries should always make the most of them. Therefore, this study focuses on the impact of deportation on young people and groups of illegal immigrants living in the UK.8 You need to tease out the legal issue to be discussed here. What are your aims/objectives? What conclusions do you hope to draw? 8 Desmond, Alan. “The Private Life of Family Matters: Curtailing Human Rights Protection for Migrants under Article 8 of the ECHR?” European Journal of International Law 29, no. 1 (2018): 261-279. Family 11 The United Nations has repeatedly drawn the attention of US experts to the impact of the so-called “zero resistance” strategy on future generations that are likely to be received by planned immigrants, including carriers. There are tons of unidentified residents entering our country under immigration law, but for whatever reason, they often lose the feeling of staying in the UK and become illegal immigrants. 1.3 Background Since, large numbers of children and families from different countries were sent to most parts of the world to live better lives, but a large number of them survived. Most countries, for example people of the European Union and other most important democratic systems, consider family circumstances and different relationships with the country of origin when making a formal decision to expel.9 Regardless, the options of UK immigration judges are limited: they are powerless to protect the family or deal with the incredible administrative control that non-residents have over society or the country. Does this mean an inability to draw on art.8? The recent intention – use a footnote to provide the date/timescale if recent to change UK immigration rules calls for laws against illegal immigrants and criminals to protect children and contain abuse of the protective framework by those who do are not allowed to stay in the UK. In the imminent immigration order, the UK Home Office can deport the immigrant if the immigrant does not have a large number of residences permits in the UK.10 Whilst, deportation warrants are often used to expel if their actions are considered offensive 9 Griffiths, Melanie, and Candice Morgan. “Immigration enforcement and Article 8 rights: Mixed-immigration status families.” Policy Bristol Policy Report 19 (2017). 10 Jarvis, Catriona, and Syd Bolton. “Protecting migrant children in the United Kingdom.” In Protecting Migrant Children. Edward Elgar Publishing, 2018. Family 12 to the public (criminals), and these requirements allow them to be detained during deportation. In addition, the deportation order prevents criminals from returning to the UK as long as the request is in force and denies any declaration to remain in the country before or during the migration request. However, in the United Kingdom (given the European Convention on Human Rights) cannot transfer released criminals or refugee seekers to countries where they may be subject to torture, inhuman treatment or other atrocities, these recommendations may still not apply the reason. 1.4 Aims and Objectives 1. To explore the Windrush Generation in little work has been done - not sure what you mean here. Presumably this will discuss the legality of any deportation orders in relation to children. Would this qualify as the same issue (adults v children? 2. To review a legal literature and ...
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