Get A Guide to the Asylum and Immigration PDF
By Satvinder Juss
Immigration legislations and coverage is so arguable and contested that significant laws has been handed each 3 years considering 1993, with 3 accounts within the final 4 years on my own. None, even though, has been extra significant and debatable than the newest installment, the Asylum Immigration (Treatment of Claimants, etc.) Act 2004.
This makes an attempt to house candidates who hotel groundless appeals to hold up elimination and undocumented arrivals looking asylum. It makes significant institutional and structural alterations. those will abolish the two-tier immigration appeals approach, via instituting a unmarried tier appellate physique with restricted rights of judicial assessment. the govt. hopes that it will nonetheless defend definitely the right of allure and nonetheless offer an efficient therapy for these whose software has been refused. there's huge nervousness, besides the fact that, approximately those alterations among practitioners, advisers and scholars alike of immigration law.
This advisor offers a close heritage to the legilslation, discusses the context during which its quite a few provisions are set, and explains how the legislation will now work.
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Extra resources for A Guide to the Asylum and Immigration
Such sensitivity, especially in immigration appeals, may well lead to the realisation in the fact-finding process that incongruity in factual accounts is not fatal to a claim. In fact, incongruous accounts may well be perfectly natural. Thus, it has been well recognised that ‘[d]iscrepancies are of course an inevitability where, often after long events, and often in a language that is foreign to the applicant, an explanation comes to be given’ (see R v IAT ex p Gba (CO/4185/1999)). Commentary on the Act 15 Similarly, in the Canadian case of Ye v Canada (Minister of Employment and Immigration)  FCJ 584, the Federal Court of Appeal warned against the assessment of credibility by the Refugee Division in an appeal concerning a Chinese appellant.
The government has concluded from this that 20,000 applications had no arguable case and no real prospect of success. Its proposal, therefore, has been to introduce a new way of funding cases. The intention will be to target the most meritorious cases. The funding decision will not be taken by the Legal Services Commission but by the judiciary, with the power to order legal aid in these proceedings. The government has not, however, altered the initial funding arrangements for appeal before the new Asylum and Immigration Tribunal (AIT), but only the review application and any reconsideration that follow the review.
However, the use of this power is bound to be both problematic and controversial, no doubt leading to legal challenges as to both the propriety and extent of retention. It is arguable that the reference to ‘passports’ and ‘identity cards’ envisages the kind of documentation that the legislature intended, rather than any documentation that is found on the person of the asylum seeker. As to the question about when the documents may ‘come into possession’, the government has explained that ‘[t]hey come into possession if they can be supplied with applications and they can be obtained during enforcement visits’.
A Guide to the Asylum and Immigration by Satvinder Juss