By Satvinder Juss
Immigration legislations and coverage is so debatable and contested that significant laws has been handed each 3 years due to the fact 1993, with 3 accounts within the final 4 years on my own. None, despite the fact that, 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 accommodate 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 process, by means of instituting a unmarried tier appellate physique with restricted rights of judicial evaluate. the govt hopes that this can nonetheless shield the proper of charm and nonetheless offer a good therapy for these whose program has been refused. there's huge anxiousness, in spite of the fact that, approximately those adjustments among practitioners, advisers and scholars alike of immigration law.
This consultant offers an in depth historical past 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 info for A Guide to the Asylum and Immigration
As Lord Donaldson (a former Master of the Rolls) stated: ‘… you cannot have a tribunal deciding at its own level that the decisions shall be authoritative …’ (Hansard, vol 660, No 77, 4 May 2004, at col 1007). Lord Mackay (a former Lord Chancellor) queried: ‘… I am not clear what is intended by that. Is it authority for the tribunal itself? If so, it must be only so long as it stands because it is open to be set aside by the Court of Appeal. I cannot remember a previous example of that’ (ibid, Hansard, at col 1009).
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. Then, when a decision is reached by the Home Office, it is often known to be wrong.
What was needed was effective enforcement of these rules. Existing powers under criminal and immigration law were sufficient to curb the use of marriage as a means of evading immigration control. The Joint Committee of Human Rights (JCHR) report devoted almost half of its report to the issue of marriage, thus reflecting its importance and sensitivity to human rights laws (see paragraphs 36–81). The JCHR was concerned as to whether the requirement in s 19(3)(b) that notices can only be given if each party to the marriage has been resident in a registration district for a period of seven days immediately before the giving of his or her notice would infringe the right to marry under Article 12 of the ECHR.
A Guide to the Asylum and Immigration by Satvinder Juss