By Satvinder Juss
Immigration legislation and coverage is so arguable and contested that significant laws has been handed each 3 years on the grounds that 1993, with 3 debts within the final 4 years on my own. None, besides the fact that, has been extra significant and debatable than the newest installment, the Asylum Immigration (Treatment of Claimants, etc.) Act 2004.
This makes an attempt to house candidates who resort groundless appeals to hold up elimination and undocumented arrivals looking asylum. It makes significant institutional and structural adjustments. those will abolish the two-tier immigration appeals procedure, by way of instituting a unmarried tier appellate physique with restricted rights of judicial overview. the govt. hopes that this can nonetheless defend definitely the right of allure and nonetheless supply an efficient therapy for these whose program has been refused. there's enormous anxiousness, even if, approximately those adjustments among practitioners, advisers and scholars alike of immigration law.
This consultant offers a close heritage to the legilslation, discusses the context within which its a variety of 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 has been made quite clear by the IAT in a recent decision which is likely to have considerable bearing on s 8 determinations under the new regime created by the 2004 Act. Much of the decade-old jurisprudence of the British courts, which emphasised that credibility assessments are not an end in themselves, while still true, will have to be reappraised in the context of the 2005 Act. Thus, in R v IAT ex p Hussain (1996; CO/1990/95), Turner J in the High Court had said that: ‘Credibility depends on a number of factors: honesty, accuracy, and the ability fully to recollect.
The government has not, however, altered the initial funding arrangements for appeal before the new Asylum and Immigration Tribunal (AIT), but only the review application and any reconsideration that follow the review. The operation of the new apparatus, however, imposes severe costs and burdens on individual applicants. The new s 103A added by this Act into the Nationality, Immigration and Asylum Act 2002 imposes a draconian timetable on applications for review of tribunal decisions. There is to be a period of five days beginning with the date on which the appellant is treated as receiving the Commentary on the Act 25 notice of the tribunal’s decision in accordance with the rules.
It is in this context that ‘cultural jurisprudence’ in decision-making may well be needed so that the cultural dimension inherent in the claim can be integrated into the fact-finding process (see Juss, SS, ‘Discretion and deviation in the administration of immigration control’ (with a foreword by Sir Louis BlomCooper QC), in Modern Legal Studies (1997, Sweet & Maxwell) at 6–7, 26–35). ’ Such sensitivity, especially in immigration appeals, may well lead to the realisation in the fact-finding process that incongruity in factual accounts is not fatal to a claim.