Immigration law Essay Example | Topics and Well Written Essays - 1500 words - 1

Immigration law - Essay Example In Ameer’s case, an understanding must prevail between him considered as a party and the United Kingdom that is also considered as a different party. In order to coin a rational judgment, all the relevant provisions of the law have to be obeyed and it is through a critical understanding that an effective decision can be reached. Here, an effectual decision is the decision reached that fulfils all the demands of the law and manifests concern to the respect of human rights. The United Kingdom has to ascertain that the asylum seeker actually fears the persecution3. Under ordinary situations, individuals in fear of persecution must have to originate from a particular social group that is likely to be persecuted. In cases of countries such as Afghanistan, the sources of persecution might incorporate race, religion, political affiliation or nationality. Hence, the united kingdom have to ascertain the probability of the asylum seeker’s origin and the probability of originating from the above stipulated groups and the impending reasons being influential to the actions considered adverse to their lives4. Ameer fears for his life and that of his family and that is perceived as the primary cause of his escape to the United Kingdom. Nonetheless, his case is quite complicated afterwards since he develops a kidney condition that is of a potential harm equally. Therefore, it is imperative to understand that besides him faced by external or the national problems, he is faced by personal and health problems. However, the law provides for both conditions and it is upon the law enforcement teams to follow the law provisions to their maximum to achieve a credible solution to the situation5. Concerning the human rights, Ameer’s life has to be respected in his capacity as a human being that is entitled to safety and healthy welfare. The law has to regard the health condition of the asylum seeker and pursue all the activities within its docket to provide its best to aid in the situation. The United Kingdom has to establish that Ameer is unwilling or incapable of subjecting himself to the protection provided by his country, Afghanistan. The United Kingdom has also to determine in case the refugee is not associated with any nationality or is not willing to go back to his country of habitat and from which the refugee originated6. Ameer’s situation is relevant in two provisions of vast law contexts that is, Article 3 and article 8. Article 8 demands consideration of Ameer’s personality and the components surrounding him. This provision regards the applicant’s private life, family life home as well as that of correspondence.6 Basic interpretations of article 8 provide that concerning private life, the bodily integrity has to be upheld. The applicant should be granted all the medical opportunities he deserves; again the treatments should never be restricted. The applicant is entitled to personal autonomy and is liable to make all his decisions without any external influence unless requested. The applicant has the right to hold information and can also demand information held by an institution concerning his affairs and personality. Again the aspect of home has to be accorded the due respect to mean that Ameer’s current dwelling has to be recognized as his home and there is no essence in searching for him home even if it does not exist. The article 8 is relevant in this case since Ameer has developed a fatal health condition. Therefore he has to be