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 seeing that 1993, with 3 debts within the final 4 years by myself. None, although, has been extra significant and arguable than the newest installment, the Asylum Immigration (Treatment of Claimants, etc.) Act 2004.
This makes an attempt to house candidates who inn 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 approach, via instituting a unmarried tier appellate physique with constrained rights of judicial assessment. the govt hopes that this may nonetheless shield the perfect of charm and nonetheless supply a good therapy for these whose program has been refused. there's significant nervousness, even though, approximately those adjustments among practitioners, advisers and scholars alike of immigration law.
This advisor offers a close history 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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Extra resources for A Guide to the Asylum and Immigration
However, this is precisely the problem. The incorporation of such a standard in the rules (assuming that it could be done) is likely to be arbitrary and far from successful. The notion that, under the new system, the judge would order costs only if he or she decided that the case was either successful or a near miss is bound to have the effect of forcing solicitors to be unduly cautious in approaching cases. First, solicitors are likely to give up legal aid work in this area of practice because they feel that they are simply unable to work if they do not know whether they will be paid at all.
If so, then there would be a breach of both the UN Convention on the Rights of the Child and of the Human Rights Act 1998. If parents are asking for support to keep their families together, and social workers believe that it is in the child’s best interest, this is support that ought to be provided, but s 8 prevents this from happening. The Asylum Support Adjudicator has no power over decisions that are made by the local authority. The matter cannot be appealed. To describe the infliction of destitution on families with children as a system for voluntary departure is unfortunate.
The statutory provision contains nothing about the return of the documents, how long they will be retained, and when and in what manner they will be returned, nor is it explained why this power is necessary, given the power in the Immigration Act 1971. It is likely that one purpose behind the provision is to legalise the well known Home Office practice of retaining passports of people who say they have entered illegally or who are over-stayers, but who have sent their passports in attached with applications for leave to remain.