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Foreign National Prisoners: Law and Practice

ISBN13: 9781903307663
Published: January 2012
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: £55.00

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Foreign National Prisoners: Law and Practice brings together the relevant UK and European Court of Human Rights' case-law, legislation, practice, policies and procedure on foreign national prisoners. The book will be essential reading for all those working with foreign national prisoners, and for immigration and prison law practitioners in particular.

It is the first book to provide an inter-disciplinary and practical guide to the immigration, prison law and false imprisonment aspects of legal challenges brought by foreign national prisoners and former prisoners (FNPs).

It includes the first:-

  • Detailed practical guide for UK practitioners to immigration detention, including the first analysis of the consequences of Lumba and Mighty v SSHD;
  • Comprehensive overview of prison law issues as they affect FNPS including categorisation, Home Detention Curfew, early removal, the management of mentally ill prisoners and repatriation.
  • In-depth examination of the role of the best interests of the child in expulsion and detention cases involving minors, following the Supreme Court judgment in ZH (Tanzania) v SSHD.
  • Analysis of the application of EU law protections for the third national family members of citizens of the European Union following the judgments of the Grand Chamber of the CJEU in Zambrano and Dereci.
  • Detailed examination of the law and procedure of appeals in the Special Immigration Appeals Commission (SIAC).
Foreign National Prisoners also includes:-

  • Analysis of law and practice of deportation under the UK Borders Act 2007.
  • An in-depth review of the law governing exclusion from and loss of Refugee Convention protection.
  • Detailed analysis of the application of EU law in expulsion cases involving EEA nationals and their family members (under the Citizens’ Directive and the EEA Regs 2006).
  • A thorough review of law and practice governing exclusion from Humanitarian Protection and immigration status for FNPs who are not deported.
  • A comprehensive overview of the application of ECHR article 8 in criminal deportation cases.
  • Analysis of the principles governing awards of damages in false imprisonment cases.

Human Rights and Civil Liberties, Prison Law
Part I Deportation
Section A: Powers and process of deportation
Chapter 1: Deportation powers under the Immigration act 1971;
Chapter 2: Criminal court recommendations for deportation
Chapter 3: The secretary of state’s decision-making in deportation cases under the Immigration Act 1971
Chapter 4: Deportation cases involving minors: relevant legislation and policy
Chapter 5: ‘Automatic’ deportation under the UK Borders Act 2007
Chapter 6: Departure: voluntary departure and deportation arrangements
Chapter 7: Revocation and other forms of termination of deportation orders in non-EEA cases
SectIon B EU law grounds for restricting deportation
Chapter 8: The Citizens Directive and the EEA regs 2006
Chapter 9: The expulsion of EEA nationals and their family members under the citizens Directive and EEA 2006
Chapter 10: Other EU law protections from expulsion
Section C: Intentional harm’ grounds for resisting deportation
Chapter 11: The Refugee Convention
Chapter 12: Exclusion, loss of protection and cessation under the Refugee Convention
Chapter 13: Relying on the ECHR in claims concerning ‘intentional harm’
Chapter 14: Article 15(c) of the Qualification Directive
Section D Other ECHR grounds for resisting deportation
Chapter 15: The approach to be taken to ECHR article 8 by decision-makers
Chapter 16: ECHR article 8 and family and private life
Chapter 17: Proportionality in ECHR article 8 expulsion cases
Chapter 18: Resisting deportation on grounds of physical or mental illness under ECHR articles 3 and 8: Quaquah claims
Section E Immigration status for FNPs who cannot be deported
Chapter 19: Immigration status for FNPs who cannot be eported;
Section F Representations, evidence and appeals
Chapter 20: Representations, evidence and preparing appeals
Chapter 21: Appeals to the IAC
Chapter 22: Restriction and loss of appeal rights in deportation and revocation cases
Chapter 23: The Special immigration Appeals commission and its procedures
PART II Prison law
Section G The prison and sentencing system
Chapter 24: Prison institutions, legislation and policy
Chapter 25: Complaints and supervision
Chapter 26: Sentences
Section H Foreign national (serving) Prisoners
Chapter 27: Management of FNPs in prisons
Chapter 28: Temporary and early release, early removal
Chapter 29: Repatriation of prisoners
Chapter 30: Mental health legislation and FNPs
Part III Immigration detention
Section I The power to detain
Chapter 31: Statutory powers of immigration detention
Section J Restrictions on the power to detain
Chapter 32: Core common law principles generally applicable to deprivation of liberty
Chapter 33: The Hardial Singh principles
Chapter 34: Home office detention policy
Chapter 35: Procedural requirements in immigration detention
Chapter 36: The ECHR and detention
Chapter 37: Detention in CCD cases involving children
Section K Places and conditions of detention: complaints
Chapter 38: Places of immigration detention
Chapter 39: Conditions of detention in Immigration Removal Centres and complaints
Section L Bail
Chapter 40: Powers of immigration bail and release on a restriction order
Chapter 41: Applying for bail or release on a restriction order
Part IV Remedies
Section M Remedies
Chapter 42: Choice of jurisdiction
Chapter 43: Causes of action
Chapter 44: Damages