Chapter 1 End-of-chapter question guidance

History and sources of immigration law

1. How have the themes identified by Bevan in 1986 developed in the present day?

Say what Bevan’s themes are, and try tracing each through the material in this chapter. Consider for instance what government objectives keep cropping up. Are there matters that the government 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, where the international context and the procedural aspects of Home Office policy are introduced. Will Somerville's book, listed in the reading for chapter 2, also suggests themes that are current.

 

2. The Minister introducing the 2009 Draft Immigration Bill said that it would ‘ensure that Parliament and not case law determines immigration policy’. To what extent is this a realistic or desirable objective, given the nature and sources of immigration law?

Consider realism and desirability as two matters.

On realism, consider the kinds of immigration measures that are contained in legislation. To what extent do these measures provide a workable system of immigration law?  Why do cases come to the courts and tribunals, and what functions do the courts and tribunals fulfil that are relevant to this question?

On desirability, you might consider why Parliament is suggested by the minister to be a more suitable body to control immigration policy. What are the advantages and drawbacks of judges not only deciding immigration cases but laying down principles of law.

 

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 (implementing the rules) 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 7.