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Hack Week's Foundational Portfolio, 50 words, 200 words - Coggle…
Hack Week's
Foundational Portfolio
Notes
1) Introduction paragraph
Thesis statement
State main stance in regards to the law
Essay map
Signposting
Introduce the act, identify the main issues within it, and propose a reform
50 words
2) Summary of the law
100 words
Section 12: Differential treatment of refugees
Two tiered system
Group 1
'Refugee status'
Two main requirements:
Come to the UK directly
Claim asylum without delay
Group 2
'Temporary refugee status'
No family reunion/ settlement rights
Can only stay for 30 months before becoming an overstayer (illegal citizen)
3) Issues with the law
200 words
Violates international law
Article 14 of ECHR
"The enjoyment of the rights and freedoms shall be secured without discrimination on any ground"
Breaks other rights too
Denied education
Denied family rights
Denied housing rights
Isn't justified
Discrimination definition
“Differential treatment may be justified where it pursues a legitimate aim and where the means to pursue that aim are appropriate and necessary”
R v. Uxbridge Magistrates Court and Another, Ex parte Adimi
Facts
3 defendants entered the country w illegal passports
Uxbridge Magistrates Court gave them sentences
They claimed for asylum
Judgement
“I conclude that any merely short term stopover en route to such intended sanctuary cannot forfeit the protection of the Article [...]”
"... given the special situation of asylum seekers, in particular the effects of trauma, language problems, lack of information [...] there is no time limit which can be mechanistically applied or associated with the expression ‘without delay’."
Main mischief to correct: Refugees only giving themselves up if they’re meant to be found (about intention here)
4) Proposed Reform
Mischief the law means to correct
Deter illegal entry into the UK
Break the business model of people-smuggling networks
Speed up the removal of those with no right to be in the UK
Proposal
Remove section 12 except for:
(3) Where a refugee has entered or is present in the United Kingdom unlawfully, the additional requirement is that they can show good cause for their unlawful entry or presence.
Fulfils all 3 requirements
Stops people smuggling
Removes those not meant to be here
Deters illegal entry
U.S. Refugee Resettlement Process
The United Nations High Commissioner for Refugees (UNHCR) conducts an initial screening to determine if an individual seeking refugee status qualifies as a refugee under international law and then identifies an appropriate “durable solution” for that individual: voluntary repatriation, local integration, or resettlement
Integrate this into UK law
Actively solves the mischief without violating ECHR
Takes into account case-by-case nature of dealing with refugees
Might not be needed - depends on word count
5) Concluding paragraph
Summarize
Final comment
50 words
200 words