The Impact of UK Immigration Law
Declining Standards of Public Administration, Legal Probity and Democratic Accountability
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Beschreibung
“In this hugely ambitious undertaking, Sheona York brings together her decades of frontline experience and meticulous scholarship to examine the post-war history of immigration controls in terms of their detrimental impact on standards of public administration, the rule of law and democratic accountability. She exposes the consequences of an imperial, exclusionary ideology and a half-century of under-resourcing and over-legislating. She calls for a debate on citizenship and what it entails, which has never yet been conducted, and the need to build a system based on new forms of political solidarity. This book is an important resource for anyone wanting to understand the profound damage done to our legal, political and cultural infrastructure by an immigration system built on institutional racism.”
—Frances Webber, human rights lawyer; author of Borderline Justice: the fight for refugee and migrant rights (Pluto, 2012); vice-chair, Institute of Race Relations
This book provides an insightful analysis of recent developments in immigration, asylum and citizenship law in the broader social and political context. Written accessibly by an experienced practitioner, it critically examines the development of UK immigration control since the second world war, identifying and focusing on the grievous collateral damage being caused to the rule of law and to society. It examines the decline in standards of public administration, the secular failure to follow the rule of law, and the related issues of social corrosion and lack of democratic accountability. Speaking to academics, practitioners, policy makers and all those concerned about the impact of the hostile environment, it makes proposals for legal changes which prioritise social cohesion: a shared burden of proof, a simple regularisation scheme and clear path to citizenship, and details how these would operate in practice.
Sheona York is Clinic Solicitor and Reader in Law at the University of Kent Law Clinic, UK. She has over 40 years’ practitioner experience in immigration and asylum, with involvement in important reported cases over the years. At the Clinic she supervises students working on immigration and asylum cases for local clients. She also works closely with local NGOs and refugee charities, and contributes widely to academic and public debate on immigration issues.
This book provides an insightful analysis of recent developments in immigration, asylum and citizenship law in the broader social and political context. Written accessibly by an experienced practitioner, it critically examines the development of UK immigration control since the second world war, identifying and focusing on the grievous collateral damage being caused to the rule of law and to society. It examines the decline in standards of public administration, the secular failure to follow the rule of law, and the related issues of social corrosion and lack of democratic accountability. Speaking to academics, practitioners, policy makers and all those concerned about the impact of the hostile environment, it makes proposals for legal changes which prioritise social cohesion: a shared burden of proof, a simple regularisation scheme and clear path to citizenship, and details how these would operate in practice.
Provides a rigorous analysis of the administrative and legal failures of modern UK immigration control Engages topical issues such as Brexit, Windrush and boat channel crossings and discusses the context around law Offers specific proposals for improvement
Autor*in
Sheona York
Themen in »The Impact of UK Immigration Law«
Citizenship Solidarity Social cohesion Burden of proof Legal probity Retrospective measures Culture of disbelief Racial thinking Labour migration law and society borders human rights removability socio-legal studies public law
Stimmen zu »The Impact of UK Immigration Law«
“This is a comprehensive, sweeping and yet forensic study of the UK’s immigration laws and policies and how they have had an impact on social cohesion and the anti-immigrant narrative. Sheona brilliantly exposes how these laws have had such a detrimental effect on vulnerable people’s rights.This book comes at an important time given the relentless assault on the Rule of Law by the Executive. Her recommendations need to be taken seriously and I wholeheartedly endorse this book.”
—Toufique Hossain, Director of Public Law, Duncan Lewis.
"This is a book that grapples with the legal developments in British immigration drawing on the expert legal analysis of author Sheona York.Her extensive experience in the field shines through the pages. A very important contribution.”
—Dr Devyani Prabhat, Professor of Law, University of Bristol Law School.
“In this hugely ambitious undertaking, Sheona York brings together her decades of frontline experience and meticulous scholarship to examine the post-war history of immigration controls in terms of their detrimental impact on standards of public administration, the rule of law and democratic accountability. She exposes the consequences of an imperial, exclusionary ideology and a half-century of under-resourcing and over-legislating. She calls for a debate on citizenship and what it entails, which has never yet been conducted, and the need to build a system based on new forms of political solidarity. This book is an important resource for anyone wanting to understand the profound damage done to our legal, political and cultural infrastructure by an immigration system built on institutional racism.”
—Frances Webber, human rights lawyer, author of Borderline Justice: the fight for refugee and migrant rights (Pluto, 2012); vice-chair, Institute of Race Relations
“The text is bursting with insights from York’s half a centuryof immersion in immigration and nationality law as strategic litigator, student, academic, critic, and activist. It has the power to educate and inspire those who seek to understand and reform it from any of those perspectives. York explains how Britain’s treatment of migrants exposes the very heart of what it means to be a British citizen and our ability to defend the rule of law.”
—Sue Willman, Senior Solicitor, Deighton Pierce Glynn; Assistant Director/Supervising Solicitor/Lecturer, Kings College, London; Legal Clinic, Chair of the Human Rights Committee, Law Society of England and Wales; founding author in 2001 of Support for Asylum-Seekers, LAG; and wild lawyer.“Sheona’s wide ranging work examines the failings in UK policy on immigration control and British nationality, comparing the overall success of the Home Office’s EU settlement scheme with the lack of resources, lack of ‘legal conscientiousness’ and lack of competence in other areas of migration control. Her ambitious recommendations provide a positive framework for change. This well-researched work, building on Sheona’s years of experience as a legal practitioner, should be read by policy makers who wish to improve the system, and by practitioners who need to question it.”
—Judith Carter, Solicitor and Lecturer, University of Liverpool Law Clinic (formerly of Islington Law Centre), co-author of Statelessness and Applications for Leave to Remain: A Best Practice Guide; ILPA, 2016.
“Sheona York’s accessible and wide-ranging study argues that post-colonial Britain has performed immigration control as political theatre at the expense of good administration and respect for the rule of law. So dysfunctional is the legal architecture of the system that it has become impervious to efforts to reform it. She argues that there can be no democratic accountability for the system of immigration control without a radically simpler legalframework and provides suggestions, born of many years’ experience as a practitioner and academic in the field, as to what that might look like.”
—Alison Harvey, barrister, is a former General Secretary and then Legal Director of the Immigration Law Practitioners' Association, and a contributor to Fransman's British Nationality Law and to Macdonald's Immigration Law and Practice. Currently at no 5 Chambers, she has specialised in immigration, asylum, nationality, free movement and human rights for over 20 years, representing individuals and working on policy and legislation in both the UK and overseas.
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