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 on my own. 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 hotel groundless appeals to hold up removing and undocumented arrivals looking asylum. It makes significant institutional and structural alterations. those will abolish the two-tier immigration appeals procedure, through instituting a unmarried tier appellate physique with restricted rights of judicial evaluate. the govt. hopes that this can nonetheless protect the best of allure and nonetheless offer an efficient therapy for these whose program has been refused. there's massive anxiousness, although, approximately those adjustments among practitioners, advisers and scholars alike of immigration law.
This advisor presents 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 resources for A Guide to the Asylum and Immigration
The High Court is not unused to having had the benefit in the past of receiving written submission from all parties before determining a review. Such a proposal has now controversially been rejected on the grounds that it would add to the delay in the disposition of the case. 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.
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). However, the use of this power is bound to be both problematic and controversial, no doubt leading to legal challenges as to both the propriety and extent of retention.
Asylum seekers will not establish a local connection with an area if they are accommodated in an accommodation centre. This is because accommodation centres will provide a move-on advice service to assist successful applicants with relocation. It should also be noted that, as far as Scotland is concerned, the main homelessness duty in England and Wales, namely s 193 of the Housing Act 1996, would not apply in the case where a former asylum seeker had been dispersed in Scotland and, subsequently, made an application in England or Wales, unless he or she had established a local connection somewhere in England, Wales or Scotland.