By Satvinder Juss
Immigration legislation and coverage is so debatable and contested that significant laws has been handed each 3 years seeing that 1993, with 3 money owed within the final 4 years by myself. None, although, has been extra significant and debatable than the most recent installment, the Asylum Immigration (Treatment of Claimants, etc.) Act 2004.
This makes an attempt to house candidates who hotel 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, via instituting a unmarried tier appellate physique with constrained rights of judicial evaluation. the govt. hopes that it will nonetheless protect the best of attraction and nonetheless offer a good treatment for these whose program has been refused. there's enormous anxiousness, in spite of the fact that, approximately those alterations among practitioners, advisers and scholars alike of immigration law.
This advisor presents an in depth history to the legilslation, discusses the context during which its numerous provisions are set, and explains how the legislations will now work.
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Additional resources for A Guide to the Asylum and Immigration
This exception, however, may well become the rule, if the reports about difficulties in getting adequate legal representation in time are true. The five day time limit is short enough as it is. It is not going to be known when a decision is going to come through. When it arrives, the decision must be read by advisers and instructions taken from the appellant, who may be many miles away. Interpreters will have to be found. The application to the High Court will have to be prepared. The haste inflicted will be conducive to neither good quality nor efficiency.
They will do so on grounds of perversity or disproportionality. That makes the case for the government’s reform untenable. According to the government, one of the objectives of the Act is to reduce delay. However, the reasons for the delay cannot always be put at the door of the asylum seeker. It is well known that one of the biggest causes of delay in the asylum system is the gap between the application for asylum made by an asylum seeker to the Home Office and the decision reached by the Home Office.
Further, the provision widens the scope of documents that can be retained to include those that may help the redocumentation process. The question of which documents can be held and for how long is obviously crucial. In the House of Lords, Baroness Scotland has confirmed that ‘[w]e expect to hold any document that facilitates removal, but primarily passports and identity cards. We must be working towards removal, so the power would be limited. Such documents will be returned unless they are forged or counterfeit’ (Hansard, vol 660, No 73, 26 April 2004, at col 674).
A Guide to the Asylum and Immigration by Satvinder Juss