Clayton: Textbook on Immigration & Asylum Law 3e 
End-of-chapter question guidanceClayton: Textbook on Immigration & Asylum Law 3e
Chapter 17
1. Was it appropriate for the courts to develop the definition of 'illegal entrant' to include someone who entered by deception? What would have been the alternative?
A. Explain who was included in the definition of illegal entrant before the courts developed it in this way.
B. Give an account of the developments in the courts, and what kind of activity was now included.
C. As the use of false documents was already an offence, what additional powers in respect of the use of false documents did this give to the government?
D. How else was enforcement power extended?
E. Aside from case law development, how could these situations have been handled?
2. Mrs Mahmood (refer back to chapter 4) was a British citizen. Do you think that this should have affected the decision to remove Mr Mahmood?
This does not require an essay. It is just a question to consider. You can approach it from opposite points of view. On the one hand, if Mrs Mahmood's nationality gives no extra protection to Mr Mahmood, what are her rights as a British Citizen? On the other hand, if she had enhanced protection for this reason, there would be discrimination between British Citizens and other settled people. Would that be appropriate?
Read AB (Jamaica) [2007] EWCA Civ 1302for a recent view on the rights of settled spouses, though no distinction is made there between British and other settled people.
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