Subjects:

Immigration and Nationality Law

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

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.