Asylum and Human Rights Appeals Handbook

Paperback | March 26, 2008

byAnna Kotzeva, Robin Tam QC, Lucy Murray

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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 hasmade 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 onmedical 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 andreview; 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 anddiscretionary 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.

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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 hasmade an 'error of law' in order to access a ...

Anna Kotzeva practices in the area of immigration and asylum law, as well as general common law. She has advised the Home Office Immigration and Nationality Department on large-scale asylum projects, new processes with regard to the implementation of the Human Rights Act 1998, and immigration and asylum legislation. She has extensive ...
Format:PaperbackDimensions:600 pages, 9.21 × 6.14 × 1.14 inPublished:March 26, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199289425

ISBN - 13:9780199289424

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Table of Contents

1. Introduction2. AsylumConvention requirements, burden and standard of proofPersecutionState agents/non-state agentsConvention reasonsWell-founded fearSufficiency of protection testOutside of country of nationalityRefugees "sur place"Practice Notes:Preparing for hearingsDealing with credibility challenges and s.8 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004Authenticity of documents and allegations of forgeryPassport, travel documents and offences under the the Asylum and Immigration (Treatment of Claimants etc) Act 2004Children and age disputesHome Office policies and instructionsSurendran guidelines- where the Home Office is not represented at hearings3. Article 3 of the European Convention on Human RightsBurden and standard of proofInhuman and degrading treatment and punishmentTortureState protectionMedical conditions and insufficiency of treatmentOther examples (such as destitution)Practice Notes:Dealing with medical evidenceExpert conditions on background conditions and risk on return4. Internal flightOrigins of the internal flight alternativeUnusual situations and the courts' responsePractice Note:Evidential considerations in preparing appeals5. Article 8 of the European Convention on Human RightsBurden and standard of proof, timing of consideration at appealHouse of Lords decisions in Razgar and UllahRights protectedInterferenceProportionalityImmigration Rules and Home Office policiesPractice NotesEvidence to establish family or private life; witnesses; tacticsThe function of the appellate authorities on issues of proportionality - review or fresh decision?6. Other Human Rights ArticlesIntroductionArticle 2Article 5Article 6Article 9Article 14First Protocol, Article 2Other potentially applicable ECHR ArticlesEuropean Court of Human Rights perspectivePractice NoteTowards a standard of proofEvidential considerations7. Existing/Old Rights of AppealImmigration Act 1971 and Asylum and Immigration Appeals Act 1993 - brief outline of appeals provisionsImmigration and Asylum Act 1999Nationality, Immigration and Asylum Act 2002Practice NoteProcedural requirements in old-style appeals8. New Rights of Appeal - under the Asylum and Immigration (Treatment of Claimants etc) Act 2004The new Asylum and Immigration TribunalRights of appeal of Tribunal decisions of fewer than three legally qualified membersApplication to the High Court for reconsiderationAppeal to the Court of Appeal after reconsiderationDirect reference to the Court of Appeal by the High CourtRights of appeal of Tribunal decisions of three or more legally qualified membersAppeals of new Tribunal decisions following remittal by the Court of AppealTransitional ProvisionsPractice NoteUnified Appeals System under the 2004 ActStarred decisionsRights of appealPractice and Procedure RulesCase management and reviewCosts9. Certification and RemovalThird country certification - Dublin and safe third country certificationClearly unfounded certificationEarly right of appeal certificationNational security certificationPublic good certificationFurther representationsFresh claim - test, procedures, evidenceRemoval cases: Injunctions and emergency injunctionsPractice NoteHome Office Guidance to Caseworkers and policyChallenging certification10. DetentionPowers to detainBailHigh Court remediesTemporary Admission/ReleaseFast-trackingControlled Legal RepresentationPractice NoteHome Office PolicyVulnerable Detainees11. Future reforms12. AppendixModel skeleton argumentsModel pleadings