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Clayton: Textbook on Immigration & Asylum Law 3e

Section 6

Question 1

Juanita’s asylum claim has failed, and she has been served with notice of removal to Colombia, her country of nationality. However, it has taken five years for her claim to be determined. In this time she has formed a relationship with another woman, Lily, and they together have care of Lily’s son, who has Down’s syndrome and is profoundly deaf. Lily comes from rural China, where her son would be treated as an outcast. Lily is a student, who hopes to obtain leave to remain in the UK to work after the end of her studies. It would be very difficult for Lily and her son to make a life in Colombia. Juanita makes an appointment with a solicitor to challenge her removal, but before the appointment day she is arrested and taken into detention, at the same time being notified that she will be removed on a direct flight to Colombia 36 hours later.

What is the basis in law for her detention and has it been lawfully carried out? If not, what remedies are there?

Can she challenge her removal? If so, on what basis, and what will the Home Office argue in response to such a challenge?

Question 2

Lena is a Dutch national who has been convicted of possessing heroin with intent to supply. She is due to go to court for a sentencing hearing. Someone in the prison where she has been detained on remand told her that she might be deported. As a European national she thought she could not be. She has a job in the UK and a circle of friends and has lived here for 8 years. She is now 32. This is her second drugs offence. For the previous one she served a year in prison, and thought she would not offend again, but came under financial pressure because her car was written off by an uninsured driver and her landlord put up her rent at the same time. What factors will govern whether she is deported, and what outcome do you think would most closely accord with legal principle?

Question 3

Ashley is a Jamaican national who has been convicted of armed robbery. He made off with the till from a shop and frightened the shop assistant with a loaded gun. This is his first offence. He was under pressure financially as his girlfriend had just got pregnant and they needed to raise a deposit on a flat so they could live together.

He has lost his job because of the criminal charge. He has been in the UK three years.

What are the legal arguments for and against his deportation?