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Irish citizens in immigration law JIANL final.pdf (333.38 kB)

Recognition After All: Irish Citizens in Post-Brexit Immigration Law

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journal contribution
posted on 2020-11-19, 15:38 authored by Bernard Ryan
This article is concerned with the position of Irish citizens in British immigration law, both historically,
and once the free movement of persons regime ceases. Drawing on legal and archival material, it traces
the status of Irish citizens in British immigration law since the establishment of the Irish state in 1921-
1922. Until the early 1960s, Irish citizens were treated as British subjects, or as if they were, and
therefore benefitted from right to enter and reside in the United Kingdom, and immunity from
deportation from it. When the Commonwealth Immigrants Act 1962 and Immigration Act 1971
introduced immigration restrictions and deportation for British subjects from the colonies and
Commonwealth, the policy was to exempt Irish citizens in practice. Although the common travel area
appears to have been the primary reason for that policy, it was highly controversial at the time, as it
reinforced the view that that legislation was racially discriminatory. The legacy of that controversy,
however, was inadequate provision for Irish citizens in immigration law after 1 January 1973,
something which was masked by the availability of EU free movement rights as an alternative. These
inadequacies are being addressed as the free movement of persons regime ceases, through an
exemption from requirements to obtain leave to enter and remain in the Immigration and Social
Security Co-ordination (EU Withdrawal) Bill. It is linked to the wider normalisation of the two states’
relationship, which has enabled full recognition of the established patterns of migration and mobility
between them.

History

Citation

Journal of Immigration, Asylum and Nationality Law, (2020) Vol 34, No 4 IANL

Author affiliation

School of Law

Version

  • AM (Accepted Manuscript)

Published in

Journal of Immigration, Asylum and Nationality Law

Volume

34

Issue

4

Pagination

284 - 305

Publisher

Tottel Publishing

issn

1366-2996

Acceptance date

2020-10-15

Copyright date

2021

Available date

2021-07-08

Language

en

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