A Guide to the Asylum and Immigration by Satvinder Juss

By Satvinder Juss

Immigration legislations and coverage is so arguable and contested that significant laws has been handed each 3 years when you consider that 1993, with 3 debts within the final 4 years by myself. None, despite the fact that, 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 resort 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 process, by way of instituting a unmarried tier appellate physique with constrained rights of judicial evaluate. the govt hopes that this can nonetheless guard the best of allure and nonetheless supply an efficient therapy for these whose software has been refused. there's enormous nervousness, even though, approximately those alterations among practitioners, advisers and scholars alike of immigration law.

This consultant offers an in depth heritage to the legilslation, discusses the context within which its a variety of provisions are set, and explains how the legislations will now work.

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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. Entrants can expect further checks by an immigration officer on arrival.

It has given two reasons for this: first, the legal representative should already be familiar with the case through the earlier work on the appeal and the initial claim to the IND; secondly, the kind of points that are in issue here are with regard to an ‘error of law’ and these should be familiar to the lawyers from their experience of judicial review and statutory review. 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).

Commentary on the Act 23 The scope for review of the tribunal’s decision under the new Act is now limited. This is bound to cause some concern in the circumstances outlined above. A new s 103A allows a party to an appeal to the tribunal to apply to the High Court for an order requiring the tribunal to reconsider its decision on appeal, on the ground that the tribunal made an error of law. The High Court will only remit the case back to the tribunal for reconsideration if it is of the opinion that the tribunal has made such an error.

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