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Details
- Clearly explains the important changes in border control, citizenship, and immigration law found in the Act
- Comprehensive and lucid guide to a complex piece of legislation
- An excellent quick reference tool, logically organised and following the structure of the Act
- Thorough yet concise narrative exploring how the law will work in practice
- Includes the full text of the Act
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Blackstone's Guide to the Borders, Citizenship, and Immigration Act 2009 provides an essential tool for understanding the important changes in border control, citizenship, and immigration law found in the Act. The Guide provides a clear explanation of developments in the acquisition of British citizenship by automatic acquisition, naturalisation and registration; the introduction of new immigration measures concerning students, children, trafficking, and other matters; and the new customs functions at UK borders and connected supervisory powers. The Guide provides a commentary that puts the new provisions into the context of existing laws, while explaining the significance of the innovations introduced. The constitutional significance of the new measures is considered, together with an emphasis on the implications of the measures for the protection of rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Guide is a clear exposition of the development of the law.
This new Blackstone's Guidecombines the full text of the Act with an expert narrative. It brings practitioners up-to-date with this complex piece of legislation. Presented in a straightforward layout, it enables ease of use as a reference source.
Readership: Solicitors and barristers practising in immigration and nationality law; the judiciary; students; academics and academic libraries.
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1: Introduction
The Borders, Citizesnhip and Immigration Act 2009
An Interim Bill
The Broader Policy Agenda: Background and Future Policy
The Effect of Parliamentary Scrutiny
2: Introduction to Part 1 and Customs Functions
Introduction
Customs Functions
3: Customs Powers
Introduction
Construction of other Legislation
Use and Disclosure of Information
Investigations and Detention
4: Inspection and Oversight and Miscellaneous Matters
Introduction
Inspections by the Chief Inspector of the UK Border Agency
Inspections by Her Majesty's Inspectors of Constabulary
Complaints and Misconduct
Miscellaneous Provisions
5: Acquisition of British Citizenship by Naturalization
The Path to Citizenship
Common Provisions in Part 2 of the Borders, Citizenship and Immigration Act 2009
Human Rights Concerns relating to the Naturalisation Provisions
The New Vocabulary of Immigration Terms for the Purposes of Naturalisation as a British Citizen
The Requirements for Naturalisation under S 6(1) of the British Nationality Act 1981
The Requirements for Naturalisation under S 6(2) of the British Nationality Act 1981
The Qualifying Periods for Naturalisation Under S 6(1), (2)
The Activity Condition
Access to Benefits
Compatibility with the Refugee Convention
6: Acquisition of British Citizenship by Birth and Registration, and Other Matters
Introduction
Children Born in the UK to Members of the Armed Forces
Children Born outside the UK to Members of the Armed Forces
The Registration of Minors
The Registration of British Nationals (Overseas) without other Citizenship
Descent through the Female Line: Registration under Section 4C of the British Nationality Act 1981
The Good Character Requirement
Miscellaneous Provisions
7: Immigration Powers
Introduction
The Restriction on Studies
The Fingerprinting of Foreign Criminals Subject to Automatic Deportation
Detention at Ports in Scotland
8: The Transfer of Certain Immigration Judicial Review Applications to the Upper Tribunal
Introduction
Overview of the Two-Tier Tribunal Structure under the Tribunals, Courts and Enforcement Act 2007
Background and Legislative Process
The Transfer of Certain Applications for Judicial Review
Applications for Permission to Appeal to the Court of Appeal
9: Children and Trafficking
Introduction
Trafficking
Duty Regarding the Welfare of Children
Appendix 1: Borders, Citizenship and Immigration Act 2009
Appendix 2: Immigration Act 1971, s 2, as in force prior to 1 January 1983
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Ian Macdonald QC, Barrister, Garden Court Chambers, Laurie Fransman QC, Barrister, Garden Court Chambers, Adrian Berry, Barrister, Garden Court Chambers, Alison Harvey, General Secretary, Immigration Law Practitioner's Association, Hina Majid, Solicitor and Director of the Joint Council for the Welfare of Immigrants, and Ronan Toal, Barrister, Garden Court Chambers
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"Timely guide to a major and important piece of legislation" - Phillip Taylor, Barrister, Richmond Green Chambers
"Those who need to know about such aspects of the trafficking of people for exploitation will welcome this Guide, with its excellent index" - Florence O'Donoghue, Barrister, Dec 2009
