Marias Deportation Rights

Summary

Maria, a Finnish student in the UK, faces deportation due to past convictions. She can challenge this based on EU law principles like proportionality, family life, and freedom of movement. Seeking legal advice is crucial to explore these options. An essay on this topic should include an introduction, context, analysis, conclusion, and references.

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Maria is a mature Finnish student studying at Exmouth University. Maria works part time at the ‘Free World Café Collective’ as a waitress, though she is paid in kind through free food and drink. The Daily Globe, a national newspaper, starts a campaign accusing the UK Government of being ‘soft on terror’ and turning the UK into a safe haven for ‘dangerous foreign activists.’ The paper runs a series of in-depth investigations on the violent anti-capitalist demonstrations in Europe. Pictured in the story were photographs of Maria at an anti-globalisation demonstration in Estonia over two years ago. During the demonstration several shop fronts were smashed by demonstrators, the city was set on fire and a number of passers-by and police officers were badly assaulted. In April * the Home Secretary discovered not only that Maria had been convicted in Estonia of criminal damage as a consequence of her involvement in the demonstration, but also had other convictions arising out of her attendance at violent rallies in Denmark and Germany. The Home Secretary orders Maria’s deportation to Finland. Advise Maria as to any rights and remedies she might have under EU law.
Under EU law, Maria could potentially challenge the Home Secretary's decision based on:
- The principle of proportionality: Whether her deportation is proportionate considering her conduct and danger she poses.
- The right to family life (Article * of the European Convention on Human Rights): If she has established a family life in the UK.
- The right to freedom of movement and residence for persons in the EU (Directive */*/EC): If she can prove she is a worker or a student.
She should seek legal advice to explore these options.
whats an essay structure to answer that question
Your essay structure could follow this outline:
*. Introduction: Briefly outline Maria's situation and the focus of your analysis.
*. Context: Discuss EU law relevant to Maria's case, such as the principle of proportionality, the right to family life, and the right to freedom of movement and residence.
*. Analysis: Analyse how each law applies to Maria's case.
*. Conclusion: Summarise your findings and offer advice for Maria.
*. References: Cite all legal sources used.