By Satvinder Juss
Immigration legislations and coverage is so debatable and contested that significant laws has been handed each 3 years when you consider that 1993, with 3 accounts within the final 4 years by myself. None, despite 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 removing and undocumented arrivals looking asylum. It makes significant institutional and structural alterations. those will abolish the two-tier immigration appeals procedure, by means of instituting a unmarried tier appellate physique with constrained rights of judicial assessment. the govt. hopes that this can nonetheless guard the perfect of allure and nonetheless offer a good treatment for these whose program has been refused. there's significant nervousness, although, 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
Authorities must specifically deal with any conduct that can be taken as damaging credibility. Fourthly, in this respect the position is different from that set out by the Court of Appeal generally in respect of tribunal decision-making where, in R v IAT ex p Khan  2 WLR 759, Lord Lane CJ explained that: The important matter which must be borne in mind by tribunals in the present type of circumstances is that it must be apparent from what they state by way of reasons first of all that they have considered the point which is at issue between the parties, and they should indicate the evidence upon which they have come to their conclusions ...
The order-making power to make enabling regulations for a new legal aid scheme for both the High Court review process and reconsideration of cases by the tribunal is contained in s 103D and, most importantly, is not by negative resolution (as has often been the case in the past), but by the affirmative resolution procedure, thereby allowing for a measure of deliberation of the proposed measures. The government’s avowed aim in these legislative changes is that only arguable cases with real prospects of success should go forward on a review.
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. Lawyers are there to help the court decide an issue and the 14 A Guide to the Asylum and Immigration Act 2004 judge is there to decide that issue.
A Guide to the Asylum and Immigration by Satvinder Juss