Collinson, J. orcid.org/0000-0001-7049-2192 (2017) The troublesome offspring of section 19 of the immigration act 2014. Journal of Immigration, Asylum and Nationality Law, 31 (3). pp. 244-261. ISSN 1746-7632
Abstract
Section 19 of the Immigration Act 2014 is the UK government's attempt, through primary legislation, to define the parameters of art 8 ECHR claims made by foreign nationals subject to removal or deportation proceedings. It has resulted in competing and conflicting case law that articulates two competing and conflicting interpretations of that statute, which this article refers to as the "weight' and "exception' interpretations. After reviewing and critiquing the discordant case law - the troublesome offspring - this article argues that the proper statutory interpretation of s 19 of the Immigration Act 2014 is that it creates a child-centred exception to imperatives of removal or deportation.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2022 Bloomsbury Professional Ltd. This is an author-produced version of a paper subsequently published in Immigration, Asylum and Nationality Law. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Foreign nationals; Immigration policy; Statutory interpretation |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 20 Jan 2023 16:33 |
Last Modified: | 20 Jan 2023 16:33 |
Status: | Published |
Publisher: | Bloomsbury Publishing |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:195513 |