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Clayton: Textbook on Immigration & Asylum Law 3e
1. What further themes can you identify arising from the history and development of immigration law? Are these the same as the ones identified by Bevan in 1986?
Consider what government objectives keep cropping up. Are there matters that thegovernment legislates on repeatedly - never seeming to solve the problem? If so, what are those problems? Does case law repeat certain themes?
You could consider this question now, then revisit it after reading chapter 2. Will Somerville's book, listed in the reading for chapter 2, also suggests themes that are current.
2. Are there any other mechanisms of democratic accountability that could or should be introduced into the process of dealing with immigration? Is it a matter for the government or the people?
This question of accountability is one to keep in mind while reading chapter 2.
Note that the government is now introducing local immigration offices (see UKBA website) and local immigration partnerships. Does this mean that there is a local dimension to accountability? Does local government have a role to play? Is that possible when entitlement to resources within their control is determined by national legislation? Anti-deportation campaigns show that some people want government to listen to their views about individual migrants.
3. Given the use and origin of the immigration rules, it appears that the Secretary of State both makes and implements much of immigration law. Is this a problem?
A. Describe the power of the Secretary of State to make immigration rules, and what their standing is.
B. How are the immigration rules implemented and by whom?
C. Can such immigration decisions be challenged?
D. In the light of your answers so far, what problems if any do you see in the Secretary of State having this dual role?
E. This question can be revisited after reading chapters 2 and 8.