Human rights violations facilitated by immigration discretion: finding the best way to use immigration promote human rights and the dignity of migrant workers

Abstract

This dissertation undertakes the essential task of reassessing and enhancing the exercise of immigration discretion in the issuance of visas and work permits. Its primary objective is to recommend the establishment of a framework to guide immigration discretion that ensures the protection of the fundamental rights and freedoms of migrant workers. The significance of immigration discretion is underscored by its profound influence on the lives of individuals seeking opportunities in foreign countries. Instances frequently emerge where immigration officials, wielding discretionary powers, render decisions that encroach upon the basic rights and freedoms of migrant workers. This dissertation sheds light on this issue through a comprehensive examination of cases where the abuse of discretion has led to unjust denials, detentions, or deportations. The research critically evaluates existing protocols, such as the United Nations Convention Against Transnational Organized Crime (UNCATOC) and its associated Protocols. It meticulously assesses the effectiveness of these instruments in preventing the misuse of immigration discretion and proposes necessary improvements in Kenya. A central focus of the dissertation revolves around the development of guidelines for immigration officials, accentuating the imperative of safeguarding human rights in visa and work permit processes. The proposed framework aims to strike a delicate balance between national interests and the rights of migrant workers, emphasizing principles of fair treatment, transparency, and adherence to international standards. Furthermore, the dissertation addresses challenges stemming from corruption within government departments and collaboration between embassy staff and criminals, offering measured proposals to mitigate such practices. In conclusion, this dissertation aspires to present a comprehensive and refined approach to immigration discretion, advocating for a system that steadfastly upholds the dignity and rights of migrant workers, thereby cultivating a more equitable and humane immigration process.