Detailed lecture notes on asylum and immigration law with critical analysis. Shorthand has been used for common words i.e. b/c is because, w/o is without, the + sign for and etc. Cases and statutes are highlighted in a different colour as well as critical analysis.
- Home office has no recollection of the existence of migrants despite working or going to school, BUT they
aren’t eligible to get a passport.
- Before 1948, when nationality law was changed- a colonial past affected nationality legislation across the
empire.
- Race, class, and gender are crucial to the idea of immigration
- Without the notion of migrants being different colours or being different from the norm, there would
be no issues. But because these notions exist, we have an issue.
- Ukraine refugees - UK welcomes 300 people, the most significant influx. The laws had to be created in the UK
as we aren’t part of the EU.
- Ironic considering migrants from Syria and Afghanistan struggle to get in, and Ukrainians are
welcomed with open arms due to their skin colour.
Home office: ‘All applications for leave to remain are considered on their merits in line with the immigration rules.”
- This whole statement is contradictory considering the way the Home Office actually acts.
- They have been questioned about delays and incoherent decisions however the standard is a blank response
always.
- Their approach is always to have a template of an answer - the same old narrative.
- Approach is guilty before being checked - giving blank responses to people - has written the position of
migrants and how the state sees the migrants
- The binary terminology of illegal/legal is a fraud
- Docomuneted the illegal entrance and so binary is fraught = changeable
- The proportion of migrants is higher than refugee - 18 million people are displaced + seeking asylum.
- Law should incorporate the ultimate power of control over territory
- Safeguarding - key problem - the international responsibility within HR - people entitled for HR to be
protected
- Fair treatment/dignity/food/shelter from the state regardless of status, which is attributed by state.
Kafka, The Trial
- Story of a young man who finds himself in bureaucracy of the law - compares it with migrants and listening to
the judges and home office
- European convention - right to understand in a language.
- The inconsistent decisions, not understanding the procedure, waste of resources and taxpayers' money
- Sense of alienation - the bureaucracy of the home office is aggressive and has improved but still difficult to cope
with.
Hannah Arendt: ‘We Refugees’
- Rights went during COVID - health rights
- Rights to have rights be protected and respected - but forward the quote in a mass influx with a right to dignity
- Having the sense of ‘belonging’, many people are stateless, they have no rights.
- Integrated into the fabric of society.
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