RIGHTS OF FOREIGNERS: UNITED KINGDOM
ALISON MAWHINNEY
Lecturer, School of Law, The Queen's University of Belfast
This report examines the rights of third-country nationals to enter, work and reside in the United Kingdom. In describing the domestic immigration system, it explains how the range of rights awarded to foreigners varies according to the immigration status of the individual. Foreigners who are granted long-term residency status - known as 'indefinite leave to remain' - acquire a more generous set of rights compared to those who work and reside in the UK without this status. The report then considers how far the scope of these rights is defined by and compatible with EU law. It identifies those areas where the UK has opted into EU asylum and immigration measures and assesses the implementation of the resulting obligations. The impact of EU law on UK immigration law and practice is further examined with reference to two cases of the European Court of Justice - Akrich and Chen - in which the rights of third-country nationals in the UK were enhanced beyond the protection offered by domestic legislation. Finally, the report considers the recent convergence of terrorism legislation with migration policy and, taking as an example the A Case, examines to what extent human rights law can be employed to protect the rights of third-country nationals in such circumstances.
