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This book focuses on a series of judgments by the UK's Supreme
Court on the application of the right to respect for family life,
contained in article 8 ECHR, to immigration decisions. These
judgments have required the government to amend several aspects of
its family migration policy and have become the centre of legal and
political controversy, raising questions about the judicial
function in a modern democracy, the influence on the legal system
of European human rights law and the difficulties of controlling
immigration in a globalised world. They have drawn judges into new
territory and there is evidence that the senior judiciary is itself
divided. Meanwhile, attempts by the government to reverse these
judgments through rule changes and legislative amendment have added
new layers to an already complex legal framework. In so doing, the
book explains why the relationship between Article 8 and
immigration is so legally and political complicated.
Marriage migration is a controversial and problematic issue in the
UK as elsewhere in Europe. This timely analysis is a comprehensive
examination of the regulation of marriage migration into the UK.
With international relevance, the book uses the analysis to examine
the relationship between government priorities and the dynamics of
transnational family life. The book is one of the first to
scrutinise the control of UK marriage migration after 1997 and
explores the dilemmas faced by the post-1997 government in managing
this form of migration in a changed domestic and international
environment. Using high-quality sources from across the political
spectrum, it analyses regulatory decisions made by government, the
judiciary and the visa service, and suggests that there is an
unofficial and unarticulated hierarchy predicated on assumptions
and beliefs about acceptable marriages. Finally, the book
establishes a principled basis for the future regulation of
marriage migration.
Marriage migration is a controversial and problematic issue in the
UK as elsewhere in Europe. This timely analysis is a comprehensive
examination of the regulation of marriage migration into the UK.
With international relevance, the book uses the analysis to examine
the relationship between government priorities and the dynamics of
transnational family life. The book is one of the first to
scrutinise the control of UK marriage migration after 1997 and
explores the dilemmas faced by the post-1997 government in managing
this form of migration in a changed domestic and international
environment. Using high-quality sources from across the political
spectrum, it analyses regulatory decisions made by government, the
judiciary and the visa service, and suggests that there is an
unofficial and unarticulated hierarchy predicated on assumptions
and beliefs about acceptable marriages. Finally, the book
establishes a principled basis for the future regulation of
marriage migration.
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