did-you-know? rent-now

Amazon no longer offers textbook rentals. We do!

did-you-know? rent-now

Amazon no longer offers textbook rentals. We do!

We're the #1 textbook rental company. Let us show you why.

9780199277742

Blackstone's Guide to the Asylum and Immigration Act 2004

by ;
  • ISBN13:

    9780199277742

  • ISBN10:

    0199277745

  • Format: Paperback
  • Copyright: 2005-02-10
  • Publisher: Blackstone Press

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

Purchase Benefits

  • Free Shipping Icon Free Shipping On Orders Over $35!
    Your order must be $35 or more to qualify for free economy shipping. Bulk sales, PO's, Marketplace items, eBooks and apparel do not qualify for this offer.
  • eCampus.com Logo Get Rewarded for Ordering Your Textbooks! Enroll Now
List Price: $122.66 Save up to $41.09
  • Rent Book $81.57
    Add to Cart Free Shipping Icon Free Shipping

    TERM
    PRICE
    DUE
    USUALLY SHIPS IN 3-5 BUSINESS DAYS
    *This item is part of an exclusive publisher rental program and requires an additional convenience fee. This fee will be reflected in the shopping cart.

Supplemental Materials

What is included with this book?

Summary

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself.They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Asylum and Immigration (Treatment of Claimants) Act 2004 is the third major piece of legislation in this area in the last 5 years and will introduce a number of radical changes to the current Asylum system. The Act plans to re-shape the way in which immigration appeals are handled as well asintroducing significant changes in practice and procedure. For example, new criminal offences are created in relation to documentation and trafficking; rights to challenge removal to a 'safe third country' are removed; asylum support for families who have no further appeal against a failed asylumclaim is ended and there are new enforcement powers for immigration officers including powers of entry, search and arrest.The Guide is written by an experienced team of Immigration barristers from Doughty Street Chambers. Structured in a clear and logical way following the parts of the Act, it provides an up-to-date guide as to how the law now works and is an essential purchase for practitioners and organisationsworking in this fast changing area of the law.

Author Biography


Editor Peter Morris, before coming to the Bar, was Director of Policy for the public service trade union, UNISON. His current legal practice is mainly in immigration and asylum but also includes employment law, particularly in relation to migrant workers.

Table of Contents

Table of Cases
xv
Table of Statutes
xix
Table of Secondary Legislation
xxv
Table of International Legislation
xxvii
Table of Abbreviations
xxix
Introduction
1(150)
Immigration Offences (Sections 1--7)
Assisting unlawful immigration
1(2)
Entering the United Kingdom without a passport
3(4)
Forgery of immigration documents
7(1)
Trafficking people for exploitation
8(1)
Employment
9
Credibility of Asylum and Human Rights Claimants (Section 8)
Introduction
1(1)
Background
2(5)
Significance and scope of s 8
7(16)
The significance of s 8
7(8)
Statements to which s 8 applies
15(6)
Decision-makers to whom s 8 applies
21(2)
Behaviour to which s 8 applies
23(29)
Behaviour to conceal information or mislead
23(3)
Behaviour relating to passports
26(4)
Passport not produced
30(5)
Passport destroyed, altered or disposed of
35(4)
Invalid `passport' produced
39(10)
Ticket or other travel document destroyed, altered or disposed of
49(3)
Failure to answer question asked by decision-maker
52(11)
Explanation for failure to answer question
57(6)
Timing of the asylum or human rights claim
63(8)
Claim after notification of immigration decision
64(3)
Claim after arrest under immigration provision
67(4)
Failure to make asylum or human rights claim in a safe third country
71(5)
Behaviour obstructing or delaying the handling of claim
76
Welfare Support for Immigrants (Sections 9--13)
Introduction
1(1)
Section 9---failed asylum-seeker families
2(81)
Background
3(7)
Persons affected by s 9(1)
10(4)
Failure to take reasonable steps to leave the United Kingdom
14(13)
Support to a child or British citizen---effect of para 2(1)
27(7)
Breach of ECHR rights
34(11)
Breach of EC rights
45(9)
Home Office decision-making
54(5)
Local authority decision-making under para 7A
59(5)
Appealing a decision to withdraw asylum support under para 7A
64(16)
Section 9(3)---removal of right of appeal to asylum support adjudicator
80(3)
Section 10---failed asylum-seekers: accommodation
83(19)
Background
84(5)
The new regulatory scheme
89(5)
ECHR compatibility
94(6)
Right of appeal
100(2)
Section 11---former asylum-seekers: homelessness
102(14)
Background
103(5)
NASS accommodation creates local connection
108(5)
Section 95 accommodation in Scotland
113(3)
Section 12---end to back-dated benefits
116(12)
Background
117(7)
The new provision
124(4)
Section 13---integration loan for refugees
128
Enforcement (Sections 14--18)
Immigration officer: power of arrest
1(3)
Fingerprinting
4(1)
Information about passengers
5(1)
Retention of documents
6(1)
Control of entry
7
Marriage (Sections 19--25)
The new provisions in outline
3(11)
The present position
14(9)
Human rights implications
23(11)
Issues under ECHR Art 12
24(2)
The existing Strasbourg case law
26(8)
ECHR compatibility
34(12)
The justification
34(7)
Potential target groups
41(2)
The new measures and existing immigration control
43(3)
ECHR Art 14: different treatment on the grounds of religion or nationality
46
Appeals (Sections 26 and 28--31; Schedules 1 and 2)
Introduction
1(3)
Background
4(11)
The new Asylum and Immigration Tribunal
15(9)
Membership of the AIT
16(4)
Structure of the AIT
20(2)
Three-member panels
22(1)
Powers of the AIT
23(1)
Review by the High Court (in Scotland, Court of Session)
24(30)
Application for review: time-limit and late applications
30(6)
The application for review
36(7)
Decision on the review application
43(1)
Reference to the appellate court
44(3)
Reconsideration by the AIT
47(2)
Transitional provision: filter by AIT
49(5)
Appeal to the Court of Appeal (in Scotland, Court of Session)
54(7)
Judicial review
61(10)
Preliminary, procedural and ancillary decisions
62(6)
Power to quash on judicial review
68(1)
Judicial review where review has been refused
69(2)
Public funding of representation for review of AIT and reconsideration
71(6)
Removal of right of appeal before removal in some entry cases
77(6)
Work permit holders
79(1)
Leave to enter granted before arrival
80(2)
Entry clearance holders
82(1)
Other changes to appeal system
83
Entry clearance: power to remove right of appeal
83(8)
Right of appeal of certain crew-members of ships and aircraft
91(3)
Certification of repeat appeals
94
Unfounded Claims (Section 27)
The present law
2(18)
The new law: removal of the accession states
20(1)
The new law: extension of the power to designate
21(18)
Quality of Home Office assessments of countries of origin
39(6)
Other provisions
45
Third Country Removals (Section 33 and Schedule 3)
The present law
2(10)
The new provisions: the structure of Sch 3
12(2)
The deeming provisions
14(10)
Scope of human rights deeming provision
24(5)
ECHR compatibility of human rights deeming provision
29(11)
Amendment of lists of safe third countries
40(12)
Introduction of duty to certify clearly unfounded claims
52
Detention (Sections 32 and 34--36)
Overview
1(3)
The power to detain under present legislation
4(3)
Limits on power to detain
7(8)
Common law
8(1)
Art 5 ECHR
9(1)
Home Office policy
10(5)
Bail under present legislation
15(5)
Bail from the Special Immigration Appeals Commission
20(2)
Changes introduced by the 2004 Act
22(1)
Appeal against a bail decision by the Special Immigration Appeals Commission
23(9)
Present legislation and case law
23(2)
The new provisions
25(4)
Commentary
29(3)
Detention pending deportation
32(7)
Present legislation
32(2)
The new provisions
34(2)
Commentary
36(3)
Failing to co-operate with the obtaining of a travel document
39(14)
Present legislation
39(2)
The new provisions
41(4)
Powers of arrest, search and entry
45(6)
Commentary
51(2)
Electronic monitoring
53
The new legislation
53(5)
Commentary
58
Immigration Services (Sections 37--41)
Introduction
1(7)
New power to search and seize evidence
8(28)
Background
8(3)
The new power
11(4)
Limits on material that can be seized
15(12)
ECHR compatibility
27(8)
Extension of power to enter premises
35(1)
Power to require information from legal professional bodies
36(2)
New offence of offering prohibited immigration services
38(2)
Other changes to regulation of immigration services
40
European Asylum Procedures Directive
Unfounded claims (safe countries of origin)
3(12)
Third country removals
15(19)
The European third country scheme
15(16)
Correlation between Sch 3 to the 2004 Act and the Asylum Procedures Directive
31(3)
Rights of appeal
34(117)
Article 38: the right to an effective remedy
34(117)
Appendix 1. The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 151(56)
Appendix 2. Useful Resources on the Internet 207(8)
Index 215

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

Rewards Program