基本説明
An up-to-date, guide to preparing and presenting asylum and immigration-related human rights appeals under the new appellate regime under the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
Full Description
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.
Contents
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
