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Clayton: Textbook on Immigration & Asylum Law 3e

Chapter 18

1. What would be the legitimate aim in Article 8.2 in the case of Baig? How would you argue for and against the right to respect for family life in that case?

Read the case and identify the legitimate aim and competing arguments. Both sides of the argument are quite strong and quite stark in this case. It is a useful example to really get a sense of the issues.

2. Should removal directions be appealable? If so, on what grounds?

Bear in mind that this is the last formal stage in the removal process. It may be a short time or a long time since the removal decision was made, or since the immigration decision was made that made the person liable to removal.

3. Is there any point in having policies such as DP3/96 after the Human Rights Act?

See the House of Commons Hansard: HC 24th April 2008 col. 110WS, and Immigration Law Digest, Summer 2008, Current Legal issues column