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Immigration law and policy is so controversial and contested that major legislation has been passed every three years since 1993, with three Bills in the last four years alone. None, however, has been more major and controversial than the latest installment, the Asylum Immigration (Treatment of Claimants, etc.) Act 2004. This attempts to deal with applicants who lodge groundless appeals to delay removal and undocumented arrivals seeking asylum. It makes major institutional and structural changes. These will abolish the two-tier immigration appeals system, by instituting a single tier appellate body with limited rights of judicial review. The Government hopes that this will still safeguard the right of appeal and still provide an effective remedy for those whose application has been refused. There is considerable anxiety, however, about these changes amongst practitioners, advisers and students alike of immigration law. This guide provides a detailed background to the legilslation, discusses the context in which its various provisions are set, and explains how the law will now work.
A concise, accessible Guide to the far reaching changes introduced by the Asylum & Immigration Act 2004. The Act, the third major piece of legislation in this area in five years, controversially excluded immigration decisions from the scrutiny of the higher courts in the original bill. Although the 'ouster' clause has been modified, the Act radically re-shapes the structure of immigration appeals as well as introducing important changes in practice and procedure. It is written by an experienced team of barristers from Doughty Street, a leading chambers at the forefront of human rights litigation. This Guide is a vital reference resource for practitioners and organisations working in this fast changing area of the Law.
Immigration and asylum law are areas that have experienced immense change in recent years. Many significant and controversial developments have been made through the introduction of new legislation, presenting the need for an up-to-date and fully comprehensive guide. This fourth edition of the Immigration Law Handbook addresses these changes and provides an essential reference tool for those working in the area. It includes the new Asylum and Immigration (Treatment of Claimants etc) Act 2004 and the related Procedure Rules, as well as previous legislation suchas the Human Rights Act 1998. The book also includes changes to the Statutory Instruments.In addition to the domestic legislation, the Handbook also contains sections on relevant European and international materials, including the European Convention for the Protection of Human Rights and Fundamental Freedoms.New to this edition:- The Asylum and Immigration (Treatment of Claimants, etc) Act 2004- The Asylum and Immigration Tribunal (Procedure) Rules 2005- The Immigration and Asylum Appeals (Fast Track Procedure) Rules 2005- New Statutory Instruments - Four new EC Council Directives and RegulationsThe Immigration Law Handbook 4/e will be an invaluable source for immigration practitioners.
A Guide to The Immigration Act 2016 is produced in association with ILPA and provides a clear and straightforward explanation to the provisions of this legislation, with relevant commentary following each section of the Act. Those litigating will be able to identify all relevant sources and materials rapidly. Practitioners from other areas of law affected by the provisions in the context of housing, social welfare and employment law will be able rapidly to navigate these complex provisions and to understand them. The UK Government stated that its purpose in bringing forward this legislation was to tackle illegal immigration by making it harder to live and work in the United Kingdom without permission. The Immigration Act 2016 not only makes changes to immigration law and practice but also extends immigration control into other areas such as housing, social welfare and employment to create the 'hostile environment' envisaged. The approach is to summarise each provision of the Act and to set it within both its political and legal context, providing full legal references as well identifying relevant guidance, supporting materials and statements from parliamentary debates. The aim of the publication is to provide practitioners and academic and political commentators with a comprehensive guide to the Act, the bulk of the work being comments on the legal provisions interleaved with each section of the Act.
Dated January 2013
Includes bibliographical references and index.