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Vol 23 No 3 March/April 2018

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Asylum and Human Rights Appeals Handbook

ISBN13: 9780199289424
Published: March 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £86.00

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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 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.

Human Rights and Civil Liberties, Immigration, Asylum, Refugee and Nationality Law
1. Introduction
2. Asylum ;
History of the Refugee Convention
Implementation of Convention in UK law
Article 1A(2): introduction
Well-founded fear of 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
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
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
Practice and Procedure Note
Practice and Procedure Note
5. Other Human Rights Articles potentially applicable in the asylum and human rights context ;
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 ;
Powers to detain
Temporary Admission
Practice and Procedure Note
Practice and Procedure Note
9. Future Reforms ;