No place called home. The banishment of 'foreign criminals' in the public interest: a wrong without redress

O'Nions, H. ORCID: 0000-0001-5147-3113, 2020. No place called home. The banishment of 'foreign criminals' in the public interest: a wrong without redress. Laws, 9 (4): 26. ISSN 2075-471X

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Abstract

This article examines the legal and ethical rationale for the deportation of 'foreign criminals' who have established their homes in the United Kingdom. It argues that provisions relating to automatic deportation constitute a second punishment that can be more accurately described as banishment. The human rights of those defined as 'foreign criminals' have been reduced to privileges that are easily withdrawn with reference to the ill-defined public interest. The ability to challenge deportation is then compromised by a non-suspensive appeal process that deliberately undermines the right to an effective remedy whilst further damaging private and family life. With reference to social membership and domicile theories of belonging, it is suggested that those who have made their lives in the UK and established their place and domicile here should be regarded as unconditional members of civil society. As such, they are entitled to equality of treatment in the criminal justice system and should be immune from punitive 'crimmigration' measures.

Item Type: Journal article
Publication Title: Laws
Creators: O'Nions, H.
Publisher: MDPI AG
Date: December 2020
Volume: 9
Number: 4
ISSN: 2075-471X
Identifiers:
NumberType
1388545Other
10.3390/laws9040026DOI
Rights: © 2020 by the author. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (http://creativecommons.org/licenses/by/4.0/).
Divisions: Schools > Nottingham Law School
Record created by: Linda Sullivan
Date Added: 01 Feb 2021 08:57
Last Modified: 03 Feb 2021 10:28
URI: http://irep.ntu.ac.uk/id/eprint/42151

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