Essay - UK Immigration and European Convention on Human Rights (Echr) Research...

UK IMMIGRATION AND EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR)

***** QUESTION

***** research question in this study is that of: 'To what extent are deportation orders made by the Secretary ***** State on the ground that it ***** conducive to the public good in relation ***** the national security compatible with Articles 3 and 8 of the ECHR?'

CHAPTER ONE

I. Overview ***** the Study

***** work intends to examine deportation ***** when made ***** the ***** of State on ***** basis ***** such deportati***** is conducive to the ***** good regarding ***** security ***** the compatibility of ***** deportation orders with Articles 3 and 8 of the Europeans Convention on Human Rights (ECHR).

II. European ***** on Human Rights: Article ***** - 'Prohibiti***** of Torture'

The European Convention on Human *****: Article 3 - 'Prohibiti***** of Torture' states as follows:

***** one shall be subjected ***** torture or to inhuman or degrading treatment ***** punishment." (Asylum Policy Instructions, 2006)

II. European Convention on Human Rights: Article 8 - 'Right ***** Respect for Private and Family Life'

***** European C*****vention on Human Rights - Article ***** ***** ***** to respect for private and family life' states ***** follows:

1) Everyone has the right to respect for his private and ***** life, his home and his correspondence; ***** 2) There shall be no interference by a public authority ***** ***** exercise of ***** right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, ***** safety or the economic well-being of the country, f***** the prevention of disorder or crime, f***** the protection ***** health or morals, or for the protection of the rights and freedoms of others." (Asylum ***** Instructions, *****006)

*****. Introduction

Prior to the ***** Rights act ***** 1998 anyone who might want to bring a claim against ***** United Kingdom government for having acted in breach of the Convention on Human Rights had only the option ***** filing this claim before the European Court of ***** Rights in Str*****bourg ***** was required ***** demonstrate that all remedies in the UK courts ***** been exhausted. Because this process ***** "inevitably lengthy and expensive it was the decision ***** the Parliament ***** this was unacceptable and that "the importance of maintaining human rights in the country means that rights guaranteed by ***** ***** should be enforceable in domestic *****." (***** Policy Instructions, 2006) This resulted ***** the introduction of the Human ***** Act 1998.

***** the procedures ***** the 'Return [of] Irregular Migrants' and as stated ***** Amnesty International in regards to Human Rights and specifically from ***** perspective of Articles ***** and 8 of the European Convention on ***** Rights (*****) there ***** issues relating to forced return ***** migrants up***** the basis of ***** individual being a thre*****t ***** national security in the UK that results in an overbroad definition ***** specifically how ***** is applicable. The Amnesty International work entitled: "Returning 'Irregular' Migrants: *****