Asylum and Human Rights Appeals Handbook

The Asylum and Immigration (Treatment of Claimants etc) Act 2004 substantially revised the immigration appeal system, with the previous two-tier system being fused into the new Asylum and Immigration Tribunal. Where a party wishes to challenge a decision of the Tribunal, they must show it has made an 'error of law' in order to access a new review procedure. Subsequent appeal rights to the Court of Appeal are dependent on the exhaustion of these new remedies. The complexity of the legislation, and the strict new time limits, can present practitioners with real practical challenges.This new handbook applies substantive asylum and human rights law to the difficult practical problems encountered by practitioners in the wake of the new legislation. Key areas covered include challenges to credibility and document authenticity, disputed nationality cases, Article 3 cases based on medical grounds, and certified cases. The text covers all relevant law, practice, and procedure in a user-friendly format, and has been designed to enable best practice within the time limits of the new appellate regime. Features include tables and checklists to simplify complex legislative provisions, such as routes of appeal and review; model pleadings and skeleton arguments; and Practice Notes in each chapter, to provide an at-a-glance summary of key practical problems. In addition, extensive reference is made throughout the text to relevant current Home Office policies, such as those relating to humanitarian and discretionary leave. Written by experienced practitioners, Asylum and Human Rights Appeals Handbook is an up-to-date and comprehensive reference tool for all lawyers and advisers who prepare appeal cases and appear before the Asylum and Immigration Tribunal.

Table of Contents:
1: Introduction 2: Asylum History of the Refugee Convention Implementation of Convention in UK law Article 1A(2) - introduction Well-founded fear of persecution Persecution Causation 'for reasons of' 'Convention reason' Internal relocation Article 1C - cessation Article 1D - UNRWA Article 1F - exclusion of undeserving individuals Practice and Procedure note 3: Article 3 of the European Convention on Human Rights Application of the Convention by the domestic courts and the use of Stasbourg jurisprudence Article 3 and the Burden and Standard of Proof Inhuman and degrading treatment and punishment Torture Spectrum of Article 3 cases and the scope for state action State protection and non-state actors Medical conditions and insufficiency of treatment Suicide risk Destitution/ refusal of asylum support Dispersal Practice and Procedure Note Practice and Procedure Note 4: Article 8 of the European Convention on Human Rights Rights protected Burden and standard of proof Appeals Practice and Procedure Note Practice and Procedure Note 5: Other Human Rights Articles potentially applicable in the asylum and human rights context Introduction Article 2 Article 4 Article 5 Article 6 Article 7 Article 9 Article 10 Article 12 & 14 Article 8 & 14 Practice and Procedure Note 6: Rights of Appeal Old Rights of Appeal The Current Appeals System Rights of Appeal Grounds of Appeal Exceptions and Limitations In country and out of country appeal rights The one-stop procedure Suspensory effect of pending appeals Jurisdiction - powers of the Tribunal Appeals from the Asylum and Immigration Tribunal Practice and Procedure Note 7: Certification and Removal Third country certification - Dublin Convention and safe third country certification Third country certification Dublin convention certification Clearly unfounded certification - section 94, 2002 Act Earlier right of appeal certification - section 96 Nationality, Immigration and Asylum Act 2002 National security - section 97 Nationality, Immigration and Asylum Act 2002 Grounds of public good - s98 Certification under the 2006 Act - Refugee Convention Certification - s55 Fresh claims and further representations Removal cases - injunctions and emergency injunctions Practice and Procedure Note 8: Detention and Bail Introduction Powers to detain Bail Temporary Admission Fast-tracking Practice and Procedure Note Practice and Procedure Note 9: Future Reforms

About the Author :
Robin Tam is Treasury Counsel on the Attorney General's A Panel. He has a substantial judicial review and administrative law practice, in which immigration, asylum and national security play a prominent part. Robin has appeared in numerous cases before the Court of Appeal and the House of Lords, including the recent cases of R(Iran) & ors v SSHD [2005] EWCA Civ 982, R (Kadir) v SSHD [2005] UKHL 39, and A and others v SSHD (No 2) (CA) [2005] 1 WLR 414. The Chambers & Partners and Legal 500 directories identify Robin Tam as one of the leading juniors in the asylum and immigration field. Ian Burnett QC (Consultant Editor) has a practice which encompasses administrative and public law, and anti-terrorist cases (including appearing in A (FC) & Ors v SSHD [2004] UKHL 56 and [2002] EWCA Civ 1502). He is recognized by Chambers & Partners as a leading silk in these spheres of practice. Ian Burnett QC also sits as a Recorder.