Simplification to the Immigration Rules and its effects

  • Shreevana Gurung

Abstract

The Immigration Rules hold paramount importance in controlling and monitoring the UK borders and non-British population. These rules expansively dictate the boundaries and movements of every non-British citizen; hence, they are relied upon widely by public bodies and the judiciary. The Immigration Act 1971 was initially passed to control the UK immigration system. However, the law under this statute has been developed on an ad hoc basis, which has resulted in a convoluted set of laws being established.

The complexity of these laws stems predominantly from statutory provisions being continuously updated or amended and subjective judicial interpretations of the Immigration Rules being mostly inconsistent. These issues are exacerbated further by the ever-evolving social change surrounding immigration. These difficulties concerning the current Immigration Rules have led the Law Commission in its 13th programme of law reform to propose the idea that Immigration Rules need simplification urgently.

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Published
2021-10-25
Section
Articles