Get A Guide to the Asylum and Immigration PDF

By Satvinder Juss

ISBN-10: 1859419828

ISBN-13: 9781859419823

Immigration legislations and coverage is so debatable and contested that significant laws has been handed each 3 years due to the fact 1993, with 3 money owed within the final 4 years on my own. None, besides the fact that, has been extra significant and arguable than the most recent installment, the Asylum  Immigration (Treatment of Claimants, etc.) Act 2004.

This makes an attempt to house candidates who resort groundless appeals to hold up removing and undocumented arrivals looking asylum. It makes significant institutional and structural alterations. those will abolish the two-tier immigration appeals method, through instituting a unmarried tier appellate physique with constrained rights of judicial assessment. the govt hopes that it will nonetheless defend the fitting of allure and nonetheless offer a good therapy for these whose program has been refused. there's huge anxiousness, despite the fact that, approximately those adjustments among practitioners, advisers and scholars alike of immigration law.

This consultant presents an in depth historical past to the legilslation, discusses the context during which its a variety of provisions are set, and explains how the legislations will now work.

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Extra resources for A Guide to the Asylum and Immigration

Example text

The only time when the facts can be said to be examined truly objectively is at the tribunal stage. There is no appeal on the facts. Secondly, the arrangements for what is now being put in place are simply wrong, because applicants are entitled to have the factual aspects of their case heard, fairly and impartially, and assessed properly. If the tribunal were dealing with a criminal matter, the person appearing before it would have his or her case determined by a tribunal of either three lay members in the magistrates’ court, or 12 lay members in the Crown Court.

The government has said that the five day period is practicable. It has given two reasons for this: first, the legal representative should already be familiar with the case through the earlier work on the appeal and the initial claim to the IND; secondly, the kind of points that are in issue here are with regard to an ‘error of law’ and these should be familiar to the lawyers from their experience of judicial review and statutory review. However, the government minister has conceded that: ‘If there is a genuine exceptional reason why the application should not be made in five days, it is down to the judge to decide whether to allow a late application’ (see ibid, Hansard, col 19, per Lord Filkin).

Thirdly, what is required of the decision-maker, however, is that conduct in question is specifically referred to in the determination in all cases which are allowed on the basis of credibility, failing which the losing party will be entitled to an appeal. In particular, there will need to be a specific reference in all decisions where a positive assessment of credibility is made. This means that the general position as it applies to tribunals of fact is now stricter in respect of asylum and human rights decisions taken by a deciding authority.

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A Guide to the Asylum and Immigration by Satvinder Juss

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