By Satvinder Juss
Immigration legislations and coverage is so arguable and contested that significant laws has been handed each 3 years due to the fact 1993, with 3 money owed within the final 4 years by myself. 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 inn groundless appeals to hold up removing and undocumented arrivals looking asylum. It makes significant institutional and structural adjustments. those will abolish the two-tier immigration appeals approach, by means of instituting a unmarried tier appellate physique with constrained rights of judicial evaluate. the govt. hopes that this may nonetheless shield the proper of attraction and nonetheless offer a good treatment for these whose program has been refused. there's massive nervousness, even if, approximately those adjustments among practitioners, advisers and scholars alike of immigration law.
This consultant presents an in depth historical past to the legilslation, discusses the context during which its a number 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
For example, at its simplest, it is well known that accounts evolve (see Eleilmaran 00/TH/01369) and they are likely to evolve considerably with illiterate and traumatised individuals whose recollection of events is patchy. At a more complex level, the appellant may actually be embellishing an account, even where he has a genuine claim. In an earlier case, Judge David Pearl cautioned against this when he said: ‘[I]t is always important to remember in cases of this kind that witnesses often lie … Quite often they are nervous or confused.
What this suggests is that under s 8 it will, therefore, be open to the decisionmaking authority to allow a claimant’s appeal, after making a positive assessment in a case where that section applies, provided only that it is clear from the determination that the decision-maker has taken the conduct into account ‘as damaging credibility’. This suggests that decision-makers must neither be over-zealous nor under-zealous in assessments of credibility. Fifthly, this means that what they must do is look at the picture in the round.
Instead, the government has reasoned that s 103A allows the proper exercise of High Court supervision on points of law, but does not take away from the specialist tribunal the reconsideration of those matters. Most cases would be heard by a single judge, but there is provision for a panel of judges to hear an appeal if the President takes the view that it is a pivotal case that will set a precedent relevant to other cases. There would then be three judges in the AIT hearing such a case. However, what is arguably wrong about this approach is that it creates an internal appeal system within the tribunal itself in which, if the case arises in England, the judge of the High Court effectively gives leave to appeal from one part of the tribunal to another panel or individual within the tribunal.
A Guide to the Asylum and Immigration by Satvinder Juss