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Asylum and Human Rights Appeals Handbook

Asylum and Human Rights Appeals Handbook

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199289424
  • Published In: March 2008
  • Format: Paperback , 584 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
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  • Up-to-date, comprehensive, and affordable guide to preparing and presenting asylum and immigration-related human rights appeals under the new appellate regime now in force under the NIAA Act 2002
  • Structured chronologically so as to provide expert guidance to every step of the appeals process and the related areas of certification, removal, and detention
  • Covers all relevant practice, procedure, and substantive asylum and human rights law in a user-friendly format, designed to enable best practice within the strict and short time limits of the new regime.
  • Key features of the book include Practice Notes in each chapter to provide an at-a-glance summary of key practical issues; model pleadings and skeleton arguments; tables and checklists to assist with complex legislative provisions, such as routes of appeal and review; and extensive references to current Home Office policies.

The Asylum and Immigration (Treatment of Claimants etc) Act 2004 substantially revised the immigration appeal system, with the previous two-tier system being fused into the new Asylum and Immigration Tribunal. Where a party wishes to challenge a decision of the Tribunal, they must show it has made an 'error of law' in order to access a new review procedure. Subsequent appeal rights to the Court of Appeal are dependent on the exhaustion of these new remedies. The complexity of the legislation, and the strict new time limits, can present practitioners with real practical challenges.



This new handbook applies substantive asylum and human rights law to the difficult practical problems encountered by practitioners in the wake of the new legislation. Key areas covered include challenges to credibility and document authenticity, disputed nationality cases, Article 3 cases based on medical grounds, and certified cases.



The text covers all relevant law, practice, and procedure in a user-friendly format, and has been designed to enable best practice within the time limits of the new appellate regime. Features include tables and checklists to simplify complex legislative provisions, such as routes of appeal and review; model pleadings and skeleton arguments; and Practice Notes in each chapter, to provide an at-a-glance summary of key practical problems. In addition, extensive reference is made throughout the text to relevant current Home Office policies, such as those relating to humanitarian and discretionary leave.



Written by experienced practitioners,

Asylum and Human Rights Appeals Handbook

is an up-to-date and comprehensive reference tool for all lawyers and advisers who prepare appeal cases and appear before the Asylum and Immigration Tribunal.

Readership: Asylum and immigration practitioners (barristers, solicitors, caseworkers in private practice and the voluntary sector, and Citizens Advice Bureaux advisers); Immigration Judges; Home Office Presenting Officers; UK entry clearance posts (embassies) abroad; individual academics and university libraries specializing in asylum, human rights, and public law in the UK and worldwide.

1: Introduction


2: Asylum


History of the Refugee Convention


Implementation of Convention in UK law


Article 1A(2) - introduction


Well-founded fear of persecution


Persecution


Causation 'for reasons of'


'Convention reason'


Internal relocation


Article 1C - cessation


Article 1D - UNRWA


Article 1F - exclusion of undeserving individuals


Practice and Procedure note


3: Article 3 of the European Convention on Human Rights


Application of the Convention by the domestic courts and the use of Stasbourg jurisprudence


Article 3 and the Burden and Standard of Proof


Inhuman and degrading treatment and punishment


Torture


Spectrum of Article 3 cases and the scope for state action


State protection and non-state actors


Medical conditions and insufficiency of treatment


Suicide risk


Destitution/ refusal of asylum support


Dispersal


Practice and Procedure Note


Practice and Procedure Note


4: Article 8 of the European Convention on Human Rights


Rights protected


Burden and standard of proof


Appeals


Practice and Procedure Note


Practice and Procedure Note


5: Other Human Rights Articles potentially applicable in the asylum and human rights context


Introduction


Article 2


Article 4


Article 5


Article 6


Article 7


Article 9


Article 10


Article 12 & 14


Article 8 & 14


Practice and Procedure Note


6: Rights of Appeal


Old Rights of Appeal


The Current Appeals System


Rights of Appeal


Grounds of Appeal


Exceptions and Limitations


In country and out of country appeal rights


The one-stop procedure


Suspensory effect of pending appeals


Jurisdiction - powers of the Tribunal


Appeals from the Asylum and Immigration Tribunal


Practice and Procedure Note


7: Certification and Removal


Third country certification - Dublin Convention and safe third country certification


Third country certification


Dublin convention certification


Clearly unfounded certification - section 94, 2002 Act


Earlier right of appeal certification - section 96 Nationality, Immigration and Asylum Act 2002


National security - section 97 Nationality, Immigration and Asylum Act 2002


Grounds of public good - s98


Certification under the 2006 Act - Refugee Convention Certification - s55


Fresh claims and further representations


Removal cases - injunctions and emergency injunctions


Practice and Procedure Note


8: Detention and Bail


Introduction


Powers to detain


Bail


Temporary Admission


Fast-tracking


Practice and Procedure Note


Practice and Procedure Note


9: Future Reforms


 


 



Anna Kotzeva, Barrister, 1 Temple Gardens, Lucy Murray, Barrister, 33 Park Place, Cardiff, and QC Robin Tam QC, Barrister, 1 Temple Gardens

Consultant Editor

Mr Ian Burnett QC

, Barrister, 1 Temple Gardens

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