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Asylum and Human Rights Appeals Handbook
Anna Kotzeva, Lucy Murray, and QC Robin Tam QC
Consultant Editor Mr Ian Burnett QC
584 pages
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234x156mm
978-0-19-928942-4
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Paperback
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20 March 2008
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- Up-to-date, comprehensive, and affordable guide to preparing and presenting asylum and immigration-related human rights appeals under the new appellate regime now in force under the NIAA Act 2002
- Structured chronologically so as to provide expert guidance to every step of the appeals process and the related areas of certification, removal, and detention
- Covers all relevant practice, procedure, and substantive asylum and human rights law in a user-friendly format, designed to enable best practice within the strict and short time limits of the new regime.
- Key features of the book include Practice Notes in each chapter to provide an at-a-glance summary of key practical issues; model pleadings and skeleton arguments; tables and checklists to assist with complex legislative provisions, such as routes of appeal and review; and extensive references to current Home Office policies.
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. Readership: Asylum and immigration practitioners (barristers, solicitors,
caseworkers in private practice and the voluntary sector, and Citizens Advice Bureaux advisers); Immigration Judges; Home Office Presenting Officers; UK entry clearance posts (embassies) abroad; individual academics and university libraries specializing in asylum, human rights, and public law in the UK and worldwide.
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Anna Kotzeva, Barrister, 1 Temple Gardens, Lucy Murray, Barrister, 33 Park Place, Cardiff, and QC Robin Tam QC, Barrister, 1 Temple Gardens Consultant Editor Mr Ian Burnett QC, Barrister, 1 Temple Gardens
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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
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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