New PDF release: A Guide to the Asylum and Immigration

By Satvinder Juss

ISBN-10: 1859419828

ISBN-13: 9781859419823

Immigration legislations and coverage is so debatable and contested that significant laws has been handed each 3 years given that 1993, with 3 money owed within the final 4 years by myself. None, even though, has been extra significant and arguable than the most recent installment, the Asylum  Immigration (Treatment of Claimants, etc.) Act 2004.

This makes an attempt to house candidates who resort groundless appeals to hold up removing and undocumented arrivals looking asylum. It makes significant institutional and structural adjustments. those will abolish the two-tier immigration appeals approach, via instituting a unmarried tier appellate physique with constrained rights of judicial overview. the govt hopes that it will nonetheless shield the best of allure and nonetheless supply a good therapy for these whose program has been refused. there's enormous nervousness, even if, approximately those alterations among practitioners, advisers and scholars alike of immigration law.

This advisor offers a close historical past to the legilslation, discusses the context during which its quite a few provisions are set, and explains how the legislations will now work.

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Extra resources for A Guide to the Asylum and Immigration

Sample text

However, the government minister has conceded that: ‘If there is a genuine exceptional reason why the application should not be made in five days, it is down to the judge to decide whether to allow a late application’ (see ibid, Hansard, col 19, per Lord Filkin). This exception, however, may well become the rule, if the reports about difficulties in getting adequate legal representation in time are true. The five day time limit is short enough as it is. It is not going to be known when a decision is going to come through.

This suggests that documents can be seized in very wideranging circumstances. Section 18: control of entry Under this section, an immigration officer may further examine a person who has been granted leave by an entry clearance officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose is different from the purpose specified in the entry clearance certificate. This means that the grant of a clearance by an entry clearance officer at the post overseas is not a guarantee for entry into the UK.

A deciding authority can find a story presented by a claimant as lacking in credibility, but still find the claim to asylum status as presented to be reliable. For example, asylum seekers from Somalia can be said to be lacking in credibility because of what they said about how they got their travel documents or how they effected their escape from Somalia, but once it is accepted that such claimants are Kibajuni speakers from Koyoma, one of the small remote islands off mainland Somalia, then it is open for the decisionmaker to hold that the evidence for the claim is reliable.

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A Guide to the Asylum and Immigration by Satvinder Juss


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