Clayton: Textbook on Immigration & Asylum Law 3e 
End-of-chapter question guidanceClayton: Textbook on Immigration & Asylum Law 3e
Chapter 7
1. How do you think the Immigration (Leave to Enter and Remain) Order 2000 changes the substance and nature of immigration control?
A. To consider the effect of the 2000 Order, explain first what powers of immigration control existed before the 2000 Order, e.g.:
Leave to enter (s.3 Immigration Act 1971)
entry clearance (immigration rules)
subsidiary powers to enable decision under s.3 (schedule 2 1971 Act)
who exercised these powers and
where
B. What changes did the 2000 Order make to each of these above points?
C. What different overall qualities or characteristics does this give to the system, as compared with the period before the Order?
This question may be answered purely on the basis of reading this chapter and the legislative provisions to which it refers.
2. What would you consider to be appropriate medical grounds for refusal of leave to enter and who do you think should make that decision? How does your idea compare with the present law?
A. State what are the present medical grounds for refusal of leave to enter.
B. Explain who makes this decision in law and in effect.
C. Discuss any problems you think arise from this system of decision-making.
D. Suggest any solutions you can imagine to the problems you see.
This question may be answered purely on the basis of reading this chapter and the legislative provisions to which it refers.
3. What do you think are the reasons for limiting the categories of leave to and from which a person can switch?
Section 7.8.6 of this chapter provides some initial guidance on the switching rules.
Give examples of the limitations which exist. As so many switches are prohibited, it may be helpful to look at those that are not. In addition to the sources mentioned in this chapter, you could check an up to date edition of a practitioner work, eg. Macdonald 2008 for the switches still permitted.
In the immigration rules, you can deduce the permitted switches from the requirements for leave in a particular category. If for instance the rule says that the applicant must have entry clearance to enter the UK in that same category, then no switch to that category is permitted. The rule might alternatively say that the applicant must have leave under other rules that are mentioned, see for instance para 60(i)(c). In order to ascertain whether a switch to a category is possible, you will be looking at the rule for extension of leave rather than initial entry. The rules are at www.bia.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/.
Use this question to familiarise yourself with the way that the restrictions on switching are hidden in the rules. The reasons for limiting switching are of a general kind. You can probably deduce them from what you already know about immigration law and policy.
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