No Place Called Home. The Banishment of ‘Foreign Criminals’ in the Public Interest: A Wrong without Redress

Helen O’Nions
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Helen O’Nions: Nottingham Law School, Nottingham Trent University, Nottingham NG1 4BU, UK

Laws, 2020, vol. 9, issue 4, 1-24

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 The human rights of those defined as ‘foreign criminals’ have been reduced to privileges that are easily withdrawn with reference to the ill-defined public interest.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.

Keywords: deportation; citizenship; foreign criminals; family life; human rights; appeals; ‘hostile environment’ (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:9:y:2020:i:4:p:26-:d:446188

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