What’s human rights got to do with the Points Based System?

What’s human rights got to do with the Points Based System? Whether you’re a lawyer, or campaigner (who views immigration laws as one way of institutionalising discrimination and entrenching global inequality) the answer is quite a lot actually.  For the full low-down on this, you’ll need to buy a copy of JCWI’s Guide to the Points Based System, but we thought we’d do a little teasing taster on this for the lawyers amongst you…

Articles 10, 9, and 11 ECHR?

Think about the implications here, Article 10 covers the right to receive and impart information and ideas, Article 9 covers the right to manifest religion or belief in worship, teaching, practice and observance, and Article 11 covers freedom of association. Now have a think about Tier 2 and the graduate trainee subcategory, Ministers of Religion, Tier 5 Migrants (religious worker categories) and creative workers. Starting to see a link?

Our Guide elaborates on Article 9, 10 and 11 ECHR possibilities together with what cases like Farrakhan, Moon and Naik tell us about the possibilities.

Article 1 of the First Protocol Article

Protocol 1 covers the right to enjoyment of peaceful possessions, now think about sponsor licence decisions, and contractual rights of those seeking entry. Think a little further about human rights damages, and you might just start to see it’s potential use….

Article 8 ECHR and the right to private life- work, study and long residence

We all know about the role that family life plays in immigration cases. But how about the Article 8 ECHR private life possibilities in PBS cases? The concern of human rights with substance over form, together with the expansion of the breadth of the concept of private life, means that in a system characterised by the removal of discretion, and a more rigid box ticking approach, Article 8 ECHR (private life) offers numerous possibilities.

‘Near miss’ types of cases – wrong forms used, marginal failure to fulfil criteria, failure to fulfil evidential rules etc could be mopped up by the use of Article 8 ECHR. The possibilities here are however of course not endless, and we’ve set out the line of Tribunal cases that help flesh out the possibilities here.

Article 2 of the First Protocol

What does the right to education entail, and in what circumstances can we use it? Guess you’ll just have to find out by purchasing a copy of our Guide….

About jcwi

Joint Council for the Welfare of Immigrants is a key campaigning voice in the field of immigration, asylum and nationality law and policy. It is completely independent from government funding, remaining entirely free from government influence. View all posts by jcwi

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