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Overstayers Should Be Restricted

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In this essay I will argue that the right to private and family life in case of overstayers facing removal should be restricted. However the restriction to private and family life right of foreign criminals facing deportation could be problematic, given their immigration status prior to the committed crime and the strength of their establishments in the United Kingdom. I will argue that a blanket restriction to private and family life right of foreign criminals facing deportation will be unjust and could raise the question of proportionality, whilst we evaluate the type and circumstances of the crime committed to the restriction of the rights envisaged. I will also address the situation where the Home Secretary delay in decision takings could raise a positive expectation and could make it unconscionable to restrict those rights of overstayers or foreign criminals. …show more content…

I will explore the provision of the United Kingdom (UK) Legislation and the UK Border Agency provisions in protecting its own border and I will deliberate over those who violate the Immigration Rules by overstaying. I will define overstayers and their quest in seeking the protection of Article 8 of the Human Rights Act 1998 which provides for the rights in question. I will further substantiate my argument with context of Lady Hale submission in ZH (Tanzania) and some other Article 8 deportation cases in conjunction with the UK legislative provisions and the Immigration Rules.
In conclusion I will reiterate the need to restrict the private and family life in case of overstayers and I will strike a balance between the protection of the citizens of the United Kingdom and the protection of private and family life right of legal and well established foreign criminals facing deportation.
The United Kingdom’s right to protect its border and its legal

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