1. Was it appropriate for the courts to develop the definition of ‘illegal entrant’ to include someone who entered by deception? What would have been the alternative?
- Explain who was included in the definition of illegal entrant before the courts developed it in this way.
- Give an account of the developments in the courts, and what kind of activity is now included.
- As the use of false documents was already an offence, what additional powers in respect of the use of false documents did this give to the government?
- How else was enforcement power extended?
- Aside from case law development, how could these situations have been handled?
2. What are the implications of the new removals policy? Should there be a right of appeal against removal and if so, on what grounds?
- Explain what is meant by the ‘new removals policy’ and what legal provision introduced this change. What was the situation before this change?
- Is there any appeal against a removal decision under the current regime? Explain in what circumstances and at what stage such an appeal may take place.
- Should there always be an appeal against the actual removal? How would this differ from the present position?
- What would be the effect of such a change, and give your reasons for being in favour of or against it.