Immigration Law, detention of asylum claimants is lawful to prevent unauthorized entry into the UK

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ACKNOWLEDGEMENT

This research study would not have been possible without the immense support and guidance from my supervisors, teachers, friends, and family.

DECLARATION

I adjudge that the entire content of this dissertation is entirely my own work; the content used in this dissertation has not been submitted before in any educational institution and represents my own opinion.

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ABSTRACT

Asylum and migration have recently emerged as permanent features of global politics similar to the development of human rights principles. The present situation in the world faces extreme population turbulence, which has resulted in intensified efforts in order to control and deter possible migrants and asylum seekers from various countries .In their efforts to maintain a strong control over migrants many nations have consistently disregarded human right principles, therefore this study will further explore this phenomenon and evaluate whether the presence of immigration laws for the purpose of detaining asylum claimants is actually lawful and is necessary in order to restrain unauthorized entry into the UK. Through this study we will discuss various cases and laws that provide evidence that it is necessary to maintain this tight control over migrants irrespective of human rights considerations.

CHAPTER 1: INTRODUCTION

Background of Study

The concept of detention and the detention estate have expanded immensely over the past decade, which is based on the government's stated motive to expedite the rapid processing og asylum seekers. The goal is to increase the deportation of an increased number of failed asylum seekers and to maintain a strong controld over the asylum system altogether. The Home Office has clearly declared that detention is mandatory whilst the process of verification regarding the identification of the new arrivals takes place, and ultimately reduce the high rates of asylum seekers. Various people have argued over the fact that the increase in detention is used with the intentions of deterrence. Local issues rise from the policy which the Home Office has declared and has been used for the purpose of legitimising detention of immigrants on the fact that any social unrest can be avoided through using immigration detention of asylum claimants (Bacon, 2005, p.27). The term immigration detention implies towards the practices of detaining asylum seekers by the government, the general purpose behind detention is to decide the person's immigration claims, learn more regarding their identities this process is considered necessary due to the fact that it is necessary to understand whether a migrant will comply with the conditions which are associated with the temporary permit into the country.

The concept of detaining immigrates seekeing asylum was first introduced in the 1920's Alien Act, which was further amplified in the Immigration Act of 1971. The notion of detention became an central constituent of the UK immigration procedure in the early 1990's. According to the White Paper published by the Home Office in 1998 clearly stated that increased undertaking of detention needs to be put in place in order to deal with future asylum ...