At common law, any individual within the realm owed the duty of allegiance to the Crown. In return, the Crown owed a duty to protect the individual. In later times, this was referred to as a social contract. Magna Carta 1215 recognized the rights of merchants, other than those from enemy countries, to enter, leave, […]
When the Irish Free State ceased to be part of the United Kingdom in 1922, they continued to be British citizens under UK law. This was largely based on the basis that the Free State was a dominion within the British Commonwealth. This theory of nationality was not shared by the Irish Free State. The […]
Unsurprisingly, nationality and immigration law in the United Kingdom are organised on a UK-wide basis. There is a common travel area between the United Kingdom and the Republic of Ireland, which is recognised by the Immigration Act. The influence of European Union Treaty rights has been substantial in the area of immigration. Citizens have the […]
A refugee is a person who leaves his homeland because of fear of or actual persecution and seeks refuge or asylum in another country. Asylum is regulated by international convention. The 1951 Convention in relation to the status of refugees is the principal instrument. The United Nations Commissioner for Refugees is an umbrella body responsible […]
It is an offence to enter the United Kingdom in breach of a deportation order, without leave, or to remain beyond the time permitted by the leave, or to fail to comply with conditions of leave. It is an offence to knowingly assist a person in breaching immigration laws of the UK or any EU […]
The Immigration Act 1971, as amended, sets out the powers of detention on the part of the Secretary of State. This covers agencies acting under the authority of the Secretary of State,formerly, the UK Border Authority, now Border Force. A person who is subject to deportation may be detained for the purpose of deportation. A person […]
The Home Secretary [Minister for Justice] has powers to make ministerial deportation orders. A deportation order requires a person to leave the UK and prohibits re-entry. It cancels leave to enter or remain. British citizens with a right of abode in the UK cannot be deported. Some Commonwealth and Irish citizens may not be deported. […]
The Nationality, Immigration, and Asylum Act 2002 revised the systems of appeals against refusal for leave to enter or remain. There is a single right of appeal against any of a number of listed immigration decisions. Where there are multiple decisions, they are subject to a single appeal. All grounds may be raised in it. […]
Members of Parliament enjoy long-standing privileges. These privileges apply to both the Westminster Parliament and the devolved Parliaments and Assemblies in Scotland, Northern Ireland, and Wales. A central aspect of parliamentary privilege is Parliament’s right to organize its own procedures. This right follows from Parliament’s inherent sovereignty or supremacy. Parliamentary privilege derives from long-standing constitutional […]