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Immigration Appeals and Remedies Handbook

Immigration Appeals and Remedies Handbook

Author: Mark Symes; Peter Jorro
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781780436562
Published In: June 2015
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Immigration Appeals and Remedies Handbook is a practical and user-friendly text on the new provisions of the Immigration Bill 2013-14 and their impact on everyday practice which will form part of the content set of any future electronic immigration law offering.

The law relating to rights of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) (FTT) against specified ‘immigration decisions’ is contained in Part 5 of the Nationality, Immigration and Asylum Act 2002. Rights of onwards appeals to the same chamber of the Upper Tribunal (UT) and thence to the Court of Appeal (or Inner House of the Court of Session in Scotland) are provided for by the Tribunals, Courts and Enforcement Act 2007.

The coalition government’s current Immigration Bill contains, at Part 2 (and with consequential amendments in Part 4 of Schedule 8), very major and radical amendments to the rights of appeal currently provided for in NIAA 2002.

Immigration Appeals and Remedies Handbook explains the law and practice pertaining to immigration appeals as made under the Nationality, Immigration and Asylum Act 2002 and the Tribunals, Courts and Enforcement Act 2007. The Immigration Bill 2013-14 has for the first time in 20 years radically changed the law relating to immigration and asylum rights to appeals and the remedies available in the courts and tribunal for those refused leave to remain. This new title sets out the revised law and its practical application thereby giving those involved in this area of practice a clear understanding of the new framework.

The book is divided into two parts: Part 1 – Rights of Appeal, Part 2 – Practice and Procedure.

Introduction: immigration control and immigration decisions

Outline of the development of statutory appeal rights in immigration and asylum cases

Rights of appeal to the First-tier Tribunal under the 'saved provisions' of the Nationality, Immigration and Asylum Act 2002

Current rights of appeal to the First-tier Tribunal

Procedure and evidence before the First-tier Tribunal

Onward appeals to the Upper Tribunal, Court of Appeal and the Supreme Court

Appeals to the Special Immigration Appeals Commission

Judicial review

Administrative review and post-decision representations