100 k

Total Downloads

1.82 m

Views

Downlaod PDF

Law - 1

Introduction

The assignment aims to provide legal advice regarding immigration law. Therefore, IRAC model has been used along with relevant case laws for answering the two problem questions.

Question 1

Issue

In this scenario, the issues is that Karim does not wish to return to Afghanistan and wishes to remain in the English countryside with the status of the asylum seeker. Karim has also applied for the asylum status and wish not to return to Afghanistan.

Rule

Immigration law 1971 would be used to advise Karim in this legal matter. Immigration law concerns with all the major regulations that deals with the immigration and asylum laws to deal with such cases in broader terms. Moreover, immigration law has prevented all the illegal activities related to the immigration and asylum which prevents people from accessing the status of the asylum or refugee in the country and restrict them from all the basic rights provided to the refugees. Moreover, this law also decides whether or not any person is eligible to claim the title of refugee and asylum seekers in the country, which makes them eligible for all the basic rights in the country.

Analysis

Section 117D[1] of the immigration law provides certain benefits to Karim due to which Karim has the opportunity to live the country for five years, after which he applies to permanently settle in the UK. Moreover based on the asylum policy provided by the immigration law, he can also claim certain benefits by gaining the status of asylum seeker which include the place to live and some housing allowance[2]. Wilson-Brown has also discussed that the refugees under asylum protection enjoys various advantages which provides genuine protection to the refugees. Therefore Karim have the opportunity to enjoy better protection under immigration law[3]. However, section 8(2) of the immigration law suggests that non-EEA members will not be able to enjoy all the protection under the immigration law[4]. As, Karim belongs to a non-EEA country he would not be able to enjoy high protection in terms of the asylum seeker as provided by the country[5]. It might be temporarily good for his post-traumatic stress disorder (PTSD), however, in the long run, it could affect his mental health badly. As it could be observed from the study of Morgan that living as an asylee or refugee can deteriorate mental health of the person which result in the social isolation. Section 117A for the immigration law suggests various steps involved which might need to be considered before Karim could be given the title of asylum in the country[6]. Based on this section it is required for Karim to bring various documents and certificates and all such steps can increase the stress for Karim after his application process. Moreover, based on the law for asylum in the UK, he also has to face detention in the country which will further affect his mental state. Therefore, it is best for Karim to return to Afghanistan and live with his family[7].

However, based on the study of York it is suggested that the biggest risk that Karim has to face is that the his life as an asylum seeker might become full of stress and deteriorating mental health conditions which can bring uncertainty among most of the people[8]. According to the research of York a wide array of refugees and asylum seekers have reported that have started their journey for the asylum full of hope and regards for a better future[9]. But due to the conditions and discrimination often these asylum seekers have to go through in the society has increased the stress in themselves which has disturbed their normal living[10]. The above specified notion has also been supported by the case of [INS v. Cardoza-Fonseca][11], in which people reported that they have to face severe discrimination, racism, and xenophobia being an asylum seeker which has affected their new lives[12].


[1] Immigration law 1971 Section 117D

[2] Mayblin, Lucy. "Imagining asylum, governing asylum seekers: Complexity reduction and policy making in the UK Home Office." Migration Studies 7, no. 1 (2019): 1-20.

[3] Wilson-Brown, Caroline. "Defining Statelessness: Rights and Wrongs in UK Immigration Law." QMLJ 8 (2017): 1.

[4] Immigration law 1971 Section 8(2)

[5] Lewis, Hannah, Louise Waite, and Stuart Hodkinson. "‘Hostile’UK Immigration Policy and Asylum Seekers’ Susceptibility to Forced Labour." In Entrapping Asylum Seekers, pp. 187-215. Palgrave Macmillan, London, 2017.

[6] Morgan, Gareth, Steve Melluish, and Alice Welham. "Exploring the relationship between postmigratory stressors and mental health for asylum seekers and refused asylum seekers in the UK." Transcultural psychiatry 54, no. 5-6 (2017): 653-674.

[7] Burridge, Andrew, and Nick Gill. "Conveyor‐belt justice: Precarity, access to justice, and uneven geographies of legal aid in UK asylum appeals." Antipode 49, no. 1 (2017): 23-42.

[8] York, Sheona. "Can only victims win?–how UK immigration law has moved from consideration of rights and entitlements to assertions of vulnerability." (2018).

[9] Ibid 09

[10] Bakker, Linda, Sin Yi Cheung, and Jenny Phillimore. "The asylum‐integration paradox: Comparing asylum   support systems and refugee integration in the Netherlands and the UK." International Migration 54, no. 4     (2016): 118-132.

[11] U.S. 421, 107 S. Ct. 1207, 94 L. Ed. 2D 434 (1987).

[12] Yeo, Rebecca. "‘Disabled asylum seekers?… They don’t really exist’: The marginalisation of disabled asylum  seekers in the UK and why it matters." (2017).

Conclusion

From the above analysis, it is concluded that it is not only best for the mental condition, but also for the future of Karim that he should return to Afghanistan to his family to enjoy sincere protection with his family and maintain his mental condition by eliminating the social isolation due to asylum-seeking.

Cta 1 How “Dissertation Proposal” Can Help You!

Our top dissertation writing experts are waiting 24/7 to assist you with your university project, from critical literature reviews to a complete masters dissertation.

Find Out More

Question 2

Issue

Sarah has been denied of her right of asylum protection in UK. She has a daughter Marcia who used to live with Peter and Jim. Sarah used to take care of her daughter most of the time in the absence of Peter. Now the issue is that she wants to legalise her position to ensure care for her daughter.

Rule 

Family law 1975[1] and Children Act 1989[2] has been used to advise Sarah. Family law provides basic responsibilities and rights to the parents to ensure the care of their children. Moreover, this provision has put a major emphasis on the living arrangement and conditions for the children which parents and states must fulfil to ensure proper growth of their children. Children Act 1989 has enhanced the concern for the welfare of the children in the court and has eliminated all the procedures which are detrimental to the child’s welfare[3].


[1] Family law 1975

[2] Children Act 1989

[3] Bullock, Roger, and Roy Parker. "Personal social services for children and families in the UK: a historical review." Journal of Children's Services (2017).

Analysis

Being a mother Sarah can legalise her position by claiming the right to custody for her daughter Marcia under section 11 of the Family Law in the UK which will ensure her the provision of legal identity in the country[1]. It is mentioned in the section 11 Family Law of the UK that the mother has the right to take any major and minor decisions in her child's life and is responsible for the legal and physical custody of her children regarding all types of decisions[2]. Therefore, Sarah has the opportunity to legalise her position in the framework of Family law to ensure her protection in the right of asylum provided by human rights. The research of Diver suggested that parental responsibility add credibility to the claim of people under family law and provides her the basic rights in the country[3]. Therefore Sarah can add credibility to her case as she puts her position as a mother and establish the claim that her daughter requires significant protection which can only be ensured under her supervision[4]. Moreover, Bainham has suggested the basic right to the parents where they have the right to appoint a guardian of the children if required and represent the child in all the legal proceedings while at the same time ensure sustainable living for the people[5]. Thus, by claiming the right based on her daughter, it would provide Sarah, an opportunity to legalise her position in the state and get access to all the facilities and benefits which will enable her to ensure sustainable living for her children[6].

Likewise, according to section 67[7] of the family law, the mother is the automatic guardian of the children and will remain her guardian until she is divorced. Therefore, due to this automatic right, Sarah holds the authority to apply in the court for the certain sections which mainly concerns with the sustainable living of her children, and even in the local care authority government has permitted the mother to meet her children and take care of her children if necessary. Not only the family law, but the section 2 of the children act 1989[8] provides the significant right to Sarah according to which it is the responsibility of parents to take care of their children up to their eighteenth birthday[9]. Moreover, as discussed in the case of [James vs. Family Courts][10] it was identified that mother is entitles to all the care of the children and the financial sources to take better care of the children. Therefore, Sarah has the opportunity to claim her legal position in the UK environment and take responsibility of her child Marcia by seeking the protection in the country and gaining access to the benefits which will allow her to harvest better care for her daughter. Sarah also holds the benefits based on the children rights act on which court is restricted to take all such actions which will refrain child from her basic right of care from her parents[11].


[1] Family law 1975 Section 11

[2] Reece, Helen. "The degradation of parental responsibility." In Parental Rights and Responsibilities, pp. 465-482. Routledge, 2017.

[3] Diver, Alice. "UK Report ‘Cross-Border Proceedings in Family Law Matters before National Courts and CJEU’." (2018).

[4] Bainham, Andrew. "Is anything now left of parental rights?." In Parental Rights and Responsibilities, pp. 361-380. Routledge, 2017.

[5] Ibid 19

[6] UK, GOV. "Parental rights and responsibilities." (2016).

[7] Family law 1975 Section 67

[8] Children Act 1989 Section 2

[9] Eekelaar, John. "Rethinking parental responsibility." In Parental Rights and Responsibilities, pp. 181-185. Routledge, 2017.

[10] [2015] EWFC 71

[11] Conway, Heather. "Rights versus responsibilities: adult children, parental wealth and contested wills."       Journal of Social Welfare and Family Law 39, no. 4 (2017): 494-496.

Conclusion

Therefore, it is advised to Sarah to make a strong claim in the court considering the care of her daughter in the framework of family law and Children Act to legalise her position in the state and to ensure better protection for her daughter.

Cta 2 How “Dissertation Proposal” Can Help You!

Our top dissertation writing experts are waiting 24/7 to assist you with your university project, from critical literature reviews to a complete masters dissertation.

Find Out More

Bibliography

Primary Sources 

Acts and Legislation

  • Children Law 1989
  • Family Law 1975
  • Immigration Law 1971

Case Laws

  • INS v. Cardoza-Fonseca, 480 U.S. 421, 107 S. Ct. 1207, 94 L. Ed. 2D 434 (1987).
  • James vs. Family Courts [2015] EWFC 71

Secondary Sources

Books

Bainham, Andrew. "Is anything now left of parental rights?." In Parental Rights and Responsibilities, pp. 361-380. Routledge, 2017.

Diver, Alice. "UK Report ‘Cross-Border Proceedings in Family Law Matters before National Courts and CJEU’." (2018).

Eekelaar, John. "Rethinking parental responsibility." In Parental Rights and Responsibilities, pp. 181-185. Routledge, 2017.

Lewis, Hannah, Louise Waite, and Stuart Hodkinson. "‘Hostile’UK Immigration Policy and Asylum Seekers’ Susceptibility to Forced Labour." In Entrapping Asylum Seekers, pp. 187-215. Palgrave Macmillan, London, 2017.

Reece, Helen. "The degradation of parental responsibility." In Parental Rights and Responsibilities, pp. 465-482. Routledge, 2017.

UK, GOV. "Parental rights and responsibilities." (2016).

Wilson-Brown, Caroline. "Defining Statelessness: Rights and Wrongs in UK Immigration Law." QMLJ 8 (2017): 1.

Yeo, Rebecca. "‘Disabled asylum seekers?… They don’t really exist’: The marginalisation of disabled asylum seekers in the UK and why it matters." (2017).

York, Sheona. "Can only victims win?–how UK immigration law has moved from consideration of rights and entitlements to assertions of vulnerability." (2018).

Articles and Journals

Bakker, Linda, Sin Yi Cheung, and Jenny Phillimore. "The asylum‐integration paradox: Comparing asylum support systems and refugee integration in the Netherlands and the UK." International Migration 54, no. 4 (2016): 118-132.

Bullock, Roger, and Roy Parker. "Personal social services for children and families in the UK: a historical review." Journal of Children's Services (2017).

Burridge, Andrew, and Nick Gill. "Conveyor‐belt justice: Precarity, access to justice, and uneven geographies of legal aid in UK asylum appeals." Antipode 49, no. 1 (2017): 23-42.

Conway, Heather. "Rights versus responsibilities: adult children, parental wealth and contested wills." Journal of Social Welfare and Family Law 39, no. 4 (2017): 494-496.

Dwyer, Peter, Stuart Hodkinson, Hannah Lewis, and Louise Waite. "Socio-legal status and experiences of forced labour among asylum seekers and refugees in the UK." Journal of International and Comparative Social Policy 32, no. 3 (2016): 182-198.

Mayblin, Lucy. "Complexity reduction and policy consensus: Asylum seekers, the right to work, and the ‘pull factor’thesis in the UK context." The British Journal of Politics and International Relations 18, no. 4 (2016): 812-828.

Mayblin, Lucy. "Imagining asylum, governing asylum seekers: Complexity reduction and policy making in the UK Home Office." Migration Studies 7, no. 1 (2019): 1-20.

Morgan, Gareth, Steve Melluish, and Alice Welham. "Exploring the relationship between postmigratory stressors and mental health for asylum seekers and refused asylum seekers in the UK." Transcultural psychiatry 54, no. 5-6 (2017): 653-674.

Cta 3 How “Dissertation Proposal” Can Help You!

Our top dissertation writing experts are waiting 24/7 to assist you with your university project, from critical literature reviews to a complete masters dissertation.

Find Out More

Ace Your Grades
Without Overspending

Why pay more for the same quality? Choose our cheap assignment writing services today and witness the difference yourself. Click now to get started!

  • 24/7 Customer Support
  • Team of Academic Experts
  • Guaranteed Results