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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.
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