UK Immigration Law Legal Framework

Order Details
1. Candidates are required to answer TWO questions in total; taking ONE question from Section A and ONE question from Section B.
2. Both answers shall be approximately 2,000 words each and carry equal marks.
3. The Coursework must contain also a common paragraph in the form of a research diary indicating how the research was carried out and materials were located.
4. Answers must contain appropriate research references with respect to the immigration and asylum discourse through relevant book chapters, journal articles and other material; policy papers; specific provisions of domestic legislation and statutory instruments; articles of international and European agreements or treaties; and relevant domestic and international jurisprudence. Failure to make appropriate references will be penalized in the marking of answers.
Section A
1. The Government is committed to introducing a more flexible and selective immigration system and to reduce bureaucracy for those who administer and use it.
In light of the above statement critically examine the framework and process for migration to the United Kingdom under the Points Based System in a global marketplace, with reference to recent changes and case law.
2. The Dublin II Regulation is a system for determining responsibility for examining asylum claims.
Discuss the process for an asylum applicant entering the United Kingdom via Europe and the extent to which the Dublin II Regulation provides an adequate framework for Refugees with reference to relevant case law.
3. In making the proportionality assessments under article 8 [of the European Convention on Human Rights], the best interests of the child must be a primary consideration.
Critically assess how the UK courts and legislation seeks to protect minors subject to immigration decisions.
Section B
4. Ameer has been refused asylum in the United Kingdom. His application is based on a fear of being persecuted in Afghanistan based on his religious beliefs. Since arrival in the UK he has been diagnosed with advanced chronic kidney disease and is now receiving treatment in the UK. Ameer also fears that if he is returned to Afghanistan with his family, he will not receive the medication and treatment that he requires and this will reduce his life expectancy. Ameer has lodged an appeal. Advise him on the main issues arising from the facts with reference the European Convention on Human Rights, and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol using relevant case law.
5. Rajan is an IT software engineer from India with an undergraduate degree in Computer Science. He intends to come to the UK to study on a Masters Programme in Business Studies and Information Technology at the Central IT College. He visits the UK to make inquiries regarding the course and visits other educational organisations in the UK. Following his visit he intends to make an application for the course at the Central IT College but unbeknown to him there is a problem with the College’s license. In the meantime he has been offered a job with a UK IT firm with a salary of 30,000. Rajan is married and has a daughter living with him in India and would like them to join him in the UK if he studies or works in the UK
Advise Rajan on the immigration issues arising from his intention to study in the United Kingdom and/or work.
6. Sophia is from Eritrea and has applied for asylum in the United Kingdom. She traveled to the United Kingdom and entered the European Union (EU) through Greece and Italy, where she had also applied for asylum. The United Kingdom requested the Italian authorities to consider the asylum application under the Dublin arrangements.
On arrival in the United Kingdom, the authorities found some French money in Sophia’s bag and she used a forged passport to travel. She fears being returned to Eritrea on political grounds, and also worries about being returned to Italy where she feels she would be unsafe.
Advise Sophia on the legal framework under Dublin II Regulation and the Human Rights Act 1998 against her removal from the United Kingdom.

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