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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.
Relates to draft statutory instrument (ISBN 9780111500644) issued 27 July 2010
Dated January 2013
FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.
Providing an invaluable reference for immigration practitioners, this book builds on the proven success of previous editions to offer the most up-to-date coverage of recent immigration legislation, selected and annotated by experts with a wealth of practical experience.
In this report on the Borders, Citizenship and Immigration Bill, the Joint Committee on Human Rights says the Government should reconsider proposed changes to the pathway to British citizenship. Whilst the Bill does not change the underlying position of migrants' access to benefits, it extends the time it takes to get to applying for citizenship by a year. During this period a person given the new 'probationary citizenship' will be ineligible for 15 different types of benefit that are available to those with 'indefinite leave to remain'. The Committee is also concerned that the new rules may be applied retrospectively and urges the Government not to override the legitimate expectations of migrants already on the path to citizenship under the current rules. The Committee also has concerns about the proposed 'short cut' to citizenship, reducing the time it takes to naturalise can by two years if applicants participate in unpaid community activity. Tracking this activity risks infringing people's right to privacy, and the Committee is also concerned that the requirement risks penalising people who are unable to undertake such activities, because of disability or caring responsibilities or because they are already in paid full time work. The Committee welcomes the new positive duty to safeguard and promote the welfare of children in the discharge of immigration, asylum, nationality and customs functions and the reversal of the Government's previous policy of excluding children subject to immigration control from the protection of the UN Convention on the Rights of the Child.
The Law and Slavery sets out the articles, book reviews and case notes by Professor Jean Allain which led to pioneering exploration of forced labour, servitudes, slavery, the slave trade, and trafficking in his 2013 Slavery in International Law: Of Human Exploitation and Trafficking (MNP). This collection brings together Professor Allain’s considerations of the evolution of legal abolition internationally, his critique of the then status quo in the area of slavery and the law, and goes on to develop the foundations of a legal understanding of various servitudes and slavery based on his archival research and legal analysis. Professor Allain’s research has transformed the landscape of how we understand contemporary slavery and those other servitudes which constitute human exploitation.
Hilaire Barnett’s respected and ever-popular textbook helps to provide students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the constitution, the current major rules and principles of public law and on-going constitutional reform.
This book examines the smuggling of migrants and trafficking in human beings in the EU with a comparative analysis of how British and Italian law has approached the issues. The work also analyzes the role of cooperation between the police and judiciary in combating criminal organizations involved in these crimes. The author draws on evidence from the Italian cities of Rimini and Siracusa and from the Italian transit island of Lampedusa to show how an innovative approach can help provide solutions to the problems arising from this sort of criminal activity. The result is a valuable resource for academics and students working in the areas of migration, refugee, criminal justice and EU law. Policy-makers and practitioners working with refugee and immigration issues will also find much of interest in this book.