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Deportation of Foreign Offenders – a Critical Look at the Consequences of Maaouia and Whether Recourse to Common-law Principles Might Offer a Solution

Journal of Immigration, Asylum and Nationality Law

Edited by:
Dr Helena Wray
Publisher:
Bloomsbury Professional
Publication Date:
September 2022
(2017) Vol 31, No 1 IANL Introduction The development of modern immigration law concerning foreign national prisoners The rationale for deportation The pre-2012 regime Post-2012 and the Immigration Act 2014: limits on application of art 8 ECHR and curtailed appeal rights for foreign criminals Can deportation be regarded as a punishment? Immigration issues and determination of a civil right: the Maaouia position Can we instead use common law doctrines to protect certainty and finality, and defend against retrospective measures? Blurring of burden and standard of proof; unsupported evidence; Operation Nexus and other measures Can foreign offenders ever be rehabilitated? Conclusion ...

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