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‘Beat Your Plowshares into Swords and Your Pruninghooks into Spears’: A Contextual Critique of Expulsion Decisions and Appeal Rights in the United Kingdom
Cosmas Ukachukwu Ikegwuruka,
Linus Chukwuemeka Okere
Issue:
Volume 3, Issue 2, June 2020
Pages:
39-46
Received:
13 February 2020
Accepted:
11 March 2020
Published:
12 May 2020
Abstract: The putative question is whether the United Kingdom complies with its treaty obligations under International Human Rights Law (IHRL) in the expulsion of migrants? The debate is that expulsion laws as they stand may have been contrived to enhance deportability or removability. It is further argued that the ever increasing and shifting pattern of deportation laws (some of which are retroactive) appears to violate the basic principles of human rights norms. This is heightened by the fact that these laws are either discretionary or couched in rigid terms leaving less chance for compassionate considerations even in the light of unclear judicial interpretation given to some of these expulsion laws. Although, States are afforded some discretion as to the manner in which they conform to their obligations under IHRL, that discretion, however, must not result in the practical denial of the minimum procedural safeguards needed to protect the migrant against arbitrary expulsion. By certifying decisions regarding expulsion, the paper finds that the State ab initio creates the amphitheater for expulsion of migrants. The argument is that the dichotomy between an ‘immigration decision’ and ‘non-immigration decision’ is a false one as it is probably anchored with the apparent intention of achieving expulsion of migrants from the UK in an ostensibly hostile environment. It is curious that the irregular migrant who makes an application (usually by payment of a fee) to the Home Office to regularize his stay which was eventually refused will not be accorded a right of appeal simply because, the State sees such applications as not befitting of a right of appeal. It is therefore difficult to justify the rationale to deny a right of appeal to a migrant or to dichotomize between an immigration decision and a non-immigration decision in the light of the immigration rules. The doctrinal methodology is applied in this paper.
Abstract: The putative question is whether the United Kingdom complies with its treaty obligations under International Human Rights Law (IHRL) in the expulsion of migrants? The debate is that expulsion laws as they stand may have been contrived to enhance deportability or removability. It is further argued that the ever increasing and shifting pattern of dep...
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Immigration Control, Citizenship, the Interplay of Sovereignty and the Vicissitudes of the Hostile Environment in the United Kingdom
Cosmas Ukachukwu Ikegwuruka
Issue:
Volume 3, Issue 2, June 2020
Pages:
47-59
Received:
10 March 2020
Accepted:
30 March 2020
Published:
12 May 2020
Abstract: In so far as individual States can maintain sovereignty over its internal affairs, they are nonetheless accountable to upholding certain principles and standards in the exercise of sovereignty, thereby calling for a reconciliation of sovereignty with universality of human rights law. In essence, international human rights obligations require States to comply with their treaty obligations regarding the treatment of aliens in their territory. A further implication of the international legal order is that International Bill of Rights is generally insistent on the inclusive applicability and the erosion of distinctions based on citizenship simply for the purpose of rights protection. This paper however finds that international human rights protection has been challenged by the hostile environment policy in the area of rights protection, racism, racial discrimination, xenophobia and intolerance. This paper further finds that behind the veil of the hostile environment are the ideologies of the Far Right and New Right which incubates, elucidates and implements the hostile policy in such an inexplicable way. The implication is that the adumbration of the hostile environment by these ideologies across Europe and the United States has implication for the respect of international human rights law from the time of the codification of the UN Charter to the Universal Declaration of Human Rights and the Bill of Rights in general. As it has been shown, a hostile environment ostensibly created for and formally restricted to irregular immigrants, is in effect, a hostile environment for all racial and ethnic communities and individuals in the UK.
Abstract: In so far as individual States can maintain sovereignty over its internal affairs, they are nonetheless accountable to upholding certain principles and standards in the exercise of sovereignty, thereby calling for a reconciliation of sovereignty with universality of human rights law. In essence, international human rights obligations require States...
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The Importance of Class Actions for the Evolution of the Brazilian Collective Procedure
Luciano Picoli Gagno,
Thiago Felipe Vargas Simões,
João Bruno Costa Rodil
Issue:
Volume 3, Issue 2, June 2020
Pages:
60-67
Received:
16 January 2020
Accepted:
13 February 2020
Published:
28 May 2020
Abstract: In the present article, was investigated the contribution that the american experience with the class actions could offer to the Brazilian Collective Procedure and the idea of collectivization of individual lawsuits. Based on this proposal, were analyzed institutes of the Rule 23 related to the class action prerequisites, the types of class actions and the certification order, which is the judicial decision by which a claim is received as a collective in the US system. All these institutes were analyzed in a comparative and interactive way in relation to the institutes of the Brazilian system, in order to seek an improvement of the model of collective conflicts resolution existing in Brazil. It was used the deductive method, starting from general norms applicable on cases involving collective rigths, seeking the conclusion more compatible with our constitutional system, and the research was based in a bibliographical and jurisprudential exploratory technic, that allowed to know the different positions about the theme. At the end, we concluded that the American experience with class actions can contribute to the Brazilian practice linked to collective procedure and collectivization of individual demands, both when disciplining the prerequisites for the admission of a collective claim, and when define the hypotheses that could be subject to collective demands (types of class action) or the points that could be faced by the decision certifying a collective claim (Certification order).
Abstract: In the present article, was investigated the contribution that the american experience with the class actions could offer to the Brazilian Collective Procedure and the idea of collectivization of individual lawsuits. Based on this proposal, were analyzed institutes of the Rule 23 related to the class action prerequisites, the types of class actions...
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‘As It Was in the Beginning’: An Examination of the Convergence, Divergence and Dilemmas of Immigration Practices in Some Selected liberal Democratic States
Cosmas Ikegwuruka,
Ugonna Chimnonyerem Nkwunonwo
Issue:
Volume 3, Issue 2, June 2020
Pages:
68-77
Received:
13 February 2020
Accepted:
11 March 2020
Published:
28 May 2020
Abstract: This paper holds the view that the burgeoning phenomenon of immigration control sits uncomfortably on the fault line separating the prerogatives of State sovereignty from the rights of non-citizens regardless of the broad discretion of States to control immigration. Using liberal democratic ideologies, the paper expresses that, there is in existence, a tension between the right to liberty of migrants against the broadly unfettered rights of States to control the admission and expulsion of migrants conferred on States by national and international law. Drawing from law and policy, this paper considers in perspectives, immigration practices in selected liberal democratic states-the United States of America, Australia and France whose deportation reality offers significant similarities with the UK in immigration control and detention pending expulsion. Finding as it did, the paper illustrates that crimmigration in particular and immigration enforcement and control in general, serve as vehicles for enhancing and sustaining expulsion of migrants. This practice, it is argued, queries the liberal democratic ideals of fairness in particular and compliance to international human rights standards in general.
Abstract: This paper holds the view that the burgeoning phenomenon of immigration control sits uncomfortably on the fault line separating the prerogatives of State sovereignty from the rights of non-citizens regardless of the broad discretion of States to control immigration. Using liberal democratic ideologies, the paper expresses that, there is in existenc...
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