LAW/CRIMINOLOGY

Immigration Laws

Immigration Laws

Part 1

“Although the House of Lords in Huang removed the requirement of exceptionality it is still extremely unlikely that an applicant will succeed under Article 8 when he has failed on every other ground.”

This statement clearly shows that there is a lack of compatibility between the immigration laws and the article 8. This is because article 8 supports every person regarding the family issue, privacy issues and other home and personal issues when he or she are unable to find favourable decision from the courts. The matter of exceptionality comes in between in order to decide the compatibility between the decision of the court and points of article 8. This means that the article 8 would only be referred when there will be an exceptional case and the conditions plus the justifications of the applicant will fall outside policies of the immigration laws. This is one of the major reasons that why it is difficult for the applicant to succeed even if he or she fails in any other grounds. This is also quite evident that there is a particular amount of deference and respect that need to be given to the immigration rules and policies. These rules are not only conceived by the executives but also the parliament has approved these rules. Moreover, it is also a restriction that these policies and rules may not be questioned by the appellate party in order to maintain the dignity of these rules.

The immigration policies do include the points of article 8 in them to create a balance. The decisions of the cases should also reflect the induction of article 8 in them but to a limited extent. The court itself says that there is the possibility that the rules of immigration may violate the article 8 in cases where the facts and the justification of the applicant do not comply with the rules and law and also in cases where the court may not go against the law. Apart from this the cases in which the facts are not violating the law but also do not comply with the rules are the exceptional cases. In these cases, the court and the law gives permission to enter into the article and the decision may be given on the basis of the article 8 point.

The rules regarding the entry and leave to enter the UK states that any person who is not a citizen of UK with any respect such as the commonwealth citizen, and if he or she is entitled to remain in the UK should leave to enter the UK. Moreover, if the control is with the immigration officer or the person is under the immigration control than there are several conditions upon which the immigration officer may grant permission to leave to enter the UK but also for a limited time period. The conditions are that the person should not be allowed to do any job in UK, cannot maintain any accommodation in UK and should register him or ...