By Satvinder Juss
Immigration legislation and coverage is so debatable and contested that significant laws has been handed each 3 years for the reason that 1993, with 3 debts within the final 4 years by myself. None, although, has been extra significant and arguable 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 removing and undocumented arrivals looking asylum. It makes significant institutional and structural adjustments. those will abolish the two-tier immigration appeals method, by means of instituting a unmarried tier appellate physique with constrained rights of judicial evaluate. the govt. hopes that this may nonetheless defend the proper of allure and nonetheless offer a good treatment for these whose program has been refused. there's significant nervousness, notwithstanding, 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 within which its quite a few provisions are set, and explains how the legislations will now work.
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Extra resources for A Guide to the Asylum and Immigration
Therefore, it would be a misdirection to say that findings of credibility are not an important element upon which the adjudicator should concentrate and for which the adjudicator should provide appropriate reasons. Turner J was right to point out that an assessment of credibility is not the ultimate focus of an adjudicator’s determination. In an asylum or human rights case, that focus is the potential breach of either Convention which will usually involve an assessment of the nature and risk to an appellant of his removal.
However, this is precisely the problem. The incorporation of such a standard in the rules (assuming that it could be done) is likely to be arbitrary and far from successful. The notion that, under the new system, the judge would order costs only if he or she decided that the case was either successful or a near miss is bound to have the effect of forcing solicitors to be unduly cautious in approaching cases. First, solicitors are likely to give up legal aid work in this area of practice because they feel that they are simply unable to work if they do not know whether they will be paid at all.
Thirdly, the recognition that decision-making should be ‘culturally competent’ is one that deserves to be widely appreciated. Judges have to make findings of credibility in much the same way as they have to find facts. The process is a rigorously disciplined process which, if found wanting, can be still further appealed to a higher judicial body. However, it is not an infallible process. Lawyers have been criticised for pursuing this task. ’ However, it is salutary to remember that the legal process is not to do with the pursuit of truth.
A Guide to the Asylum and Immigration by Satvinder Juss