Asylum and Human Rights Appeals Handbook

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.

Author Biography

Robin Tam is Treasury Counsel on the Attorney General’s A Panel. He has a substantial judicial review and administrative law practice, in which immigration, asylum and national security play a prominent part. Robin has appeared in numerous cases before the Court of Appeal and the House of Lords, including the recent cases of R(Iran) & ors v SSHD [2005] EWCA Civ 982, R (Kadir) v SSHD [2005] UKHL 39, and A and others v SSHD (No 2) (CA) [2005] 1 WLR 414. The
Chambers & Partners and Legal 500 directories identify Robin Tam as one of the leading juniors in the asylum and immigration field.
Ian Burnett QC (Consultant Editor) has a practice which encompasses administrative and public law, and anti-terrorist cases (including appearing in A (FC) & Ors v SSHD [2004] UKHL 56 and [2002] EWCA Civ 1502). He is recognized by Chambers & Partners as a leading silk in these spheres of practice. Ian Burnett QC also sits as a Recorder.