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 considering 1993, with 3 accounts within the final 4 years on my own. None, even though, has been extra significant and debatable than the newest installment, the Asylum  Immigration (Treatment of Claimants, etc.) Act 2004.

This makes an attempt to accommodate candidates who hotel 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 procedure, through instituting a unmarried tier appellate physique with constrained rights of judicial evaluation. the govt. hopes that this can nonetheless defend the fitting of attraction and nonetheless supply an efficient therapy for these whose software has been refused. there's significant nervousness, besides the fact that, approximately those adjustments among practitioners, advisers and scholars alike of immigration law.

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

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The process is a rigorously disciplined process which, if found wanting, can be still further appealed to a higher judicial body. However, it is not an infallible process. Lawyers have been criticised for pursuing this task. ’ However, it is salutary to remember that the legal process is not to do with the pursuit of truth. Lawyers are there to help the court decide an issue and the 14 A Guide to the Asylum and Immigration Act 2004 judge is there to decide that issue. However, ‘[t]he man on the bench is not a detective … A court of law is not a fact finding commission.

The rules are already adequate to deal with the problem of sham marriages. What was needed was effective enforcement of these rules. Existing powers under criminal and immigration law were sufficient to curb the use of marriage as a means of evading immigration control. The Joint Committee of Human Rights (JCHR) report devoted almost half of its report to the issue of marriage, thus reflecting its importance and sensitivity to human rights laws (see paragraphs 36–81). The JCHR was concerned as to whether the requirement in s 19(3)(b) that notices can only be given if each party to the marriage has been resident in a registration district for a period of seven days immediately before the giving of his or her notice would infringe the right to marry under Article 12 of the ECHR.

One other question that the leap-frogging procedure to the Court of Appeal raises is which decision of law is to be treated as authoritative. Generally speaking, decisions of inferior courts and tribunals are not binding on other inferior courts and tribunals. The government has tried to make a tribunal’s decision on a question of law binding on other tribunals. However, the above provisions make plain that there is in existence (and has always been in existence) a procedure by which questions of law can be authoritatively decided by the Court of Appeal.

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