دانلود کتاب Immigration Appeals and Remedies Handbook: 2nd edition

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Foreword\nPreface\nTable of Statutes\nTable of Statutory Instruments\nTable of Cases\nTable of Abbreviations\n1 Introduction: immigration control and immigration decisions\n Sources of immigration and nationality law decision making\n Immigration decisions and decision takers\nPart 1 – Rights of appeal to the FTT under NIAA 2002, Part 5\n Right of appeal to the FTT: NIAA 2002, s 82\n Grounds of appeal: NIAA 2002, s 84\n Matters to be considered, ‘new matters’ and the ‘one-stop procedure’: NIAA 2002, ss 85 and 120\n Suspensive or non-suspensive right of appeal: place from which an appeal may be brought or continued: NIAA 2002, s 92\n Clearly unfounded certifications: NIAA 2002, s 94\n Clearly unfounded certification: practical application\n European common list of safe countries of origin: NIAA 2002, s 94A\n Certification of human rights claims: NIAA 2002, s 94B\n Practical application of certification under NIAA 2002, s 94B\n ‘Real risk of serious irreversible harm’ test\n Denial of right of appeal where there was an earlier right of appeal: NIAA 2002, s 96\n National security certifications: NIAA 2002, ss 97 and 97A\n Notice of an appealable decision: NIAA 2002, s 105\n Appeal pending: NIAA 2002, s 104\n Statutory duties of the FTT on appeals under NIAA 2002, s 82(1)\nPart 2 – Rights of appeal to the FTT in ‘safe third country cases’\n Safe third country certifications on refusal of a claim: NIAA 2002, s 94(7) and (8)\n Rights of appeal in cases of removal to a safe third country for that country to consider the protection claim: Asylum and Immigration (treatment of claimants, etc) Act 2004, Sch 3\n First list of safe countries (Refugee Convention and human rights (1))\n Second list of safe countries (Refugee Convention and human rights (2))\n Third list of safe countries (Refugee Convention only)\n Countries certified as safe for individuals\nPart 3 – Rights of appeal to the FTT under the EEA Regs 2016\n Immigration (European Economic Area) Regulations 2016, Pt 6 and Schs 1 and 2\n Right of appeal to the FTT against an EEA decision and limitations and restrictions thereon: EEA Regs 2016, reg 36\n Certification preventing reliance on a ground of appeal\n Suspensive or non-suspensive appeals against EEA decisions; EEA appeals pending: EEA Regs 2016, regs 35 and 37\n Effect of appeals to the FTT and UT in EEA cases: EEA Regs 2016, reg 40\n Temporary admission in order to submit case in person: EEA Regs 2016, reg 41\n Grounds of appeal against EEA decisions and right of appeal under NIAA 2002, s 82(1)\n Continued effect of the EEA Regs 2016 post revocation for the purpose of removing a person who is protected by the citizens’ rights provisions\nPart 4 – Rights of appeal to the FTT under the Citizens’ Rights Appeals Regs 2020\n Rights of appeal under the Citizens’ Rights Appeals Regs 2020\n Grounds of appeal and matters to be considered and determination of appeal\n Place from which an appeal under Citizens’ Rights Appeals Regs 2020 may be brought or continued; pending appeals\n Application of provisions of NIAA 2002 to appeals under Citizens’ Rights Appeals Regs 2020\nPart 5 – Right of appeal to the FTT under BNA 1981, s 40A against deprivation of citizenship\n3 Procedure and evidence before the First-tier Tribunal\nPart 1 – General principles\n The procedure rules and practice directions\n Overriding objective\n First-tier tribunal: character\n Exercise of functions and powers of the FTT\nPart 2 – Pre-hearing issues\n Notice of appeal\n Lodging appeals during the global pandemic\n Skeleton arguments under the reform online procedure\n Directions and procedures following the introduction of the reform online procedure\n Admission of late evidence under the reform online procedure\n Directions and procedures for non reform online procedure cases\n Special procedures authorised by temporary rules during pandemic\n Fees\n Rejection of invalid notice of appeal\n Service of notice of decisions of the SSHD\n Time limit for giving notice of appeal\n Extension of time for lodging notice of appeal\n Extension of time in ‘imminent removal’ cases\n Variation of grounds of appeal\n Respondent’s duties to send documents to the tribunal; refusal letters and their variation\n Service, notices and addresses\nPart 3 – The hearing\n Preparation for the hearing\n Notice of hearing; appeals without hearings\n Parties to the appeal\n Preliminary issues\n Case management review hearings\n Reform online procedure; out-of-country appeals\n Adjournment\n Family law proceedings\n Directions\n Directions regarding oral evidence\n Other standard directions\n Failure to comply with directions or the 2014 Rules\n Disclosure\n Inspection of documentary evidence\n Witness summons\n Concessions and agreed facts\n Questions from the Immigration Judge\n The Immigration Judge’s own knowledge and opinions\n Examination and cross-examination\n Submissions\n Interpretation\n Natural justice\n Re-opening the hearing and receiving evidence post-hearing\n Bias\n Authority to represent and receive documents\n Lack of representation\n Conduct of hearing with an unrepresented party\n Errors by legal representatives\n Home office presenting officers\nPart 4 – Decisions\n Determination of issues\n Second appeals\n Giving effect to determination, including directions\n Determination of remitted/transferred hearings\n Abandonment of appeals\n Withdrawal of appeals\n Withdrawal of decisions\n Hearing in the absence of a party\n Combined hearings\n Public hearing\n Use of documents and information and their public disclosure\n The record of proceedings\n Transfer of proceedings between judicial personnel\n Transfer of proceedings between hearing centres\n Irregularities: correction of orders and decisions\n Giving of decision and reasons\n Costs\nPart 5 – The detained fast track\n Scope of detained fast track procedure rules\nPart 6 – Evidence\n Admissible evidence, corroboration, foreign law\n The burden of proof and standard of proof\n Post-decision evidence: the saved provisions\n Post-decision evidence: appeals under the relevant provisions of NIAA 2002 as amended by IA 2014\n Power to exclude evidence; approach to late evidence\n Oral evidence\n Witnesses besides appellants\n Giving evidence by electronic means\n Vulnerable and sensitive witnesses\n Capacity\n Children as witnesses and appellants\n Assertions\n Documentary evidence and forgery\n Evidence of criminality\n Specific duties of investigation in asylum claims\n Country evidence\n Expert evidence\n4 Appeals onwards from the FTT to the UT and beyond\nPart 1 – General principles\n Introduction\n Challengeable decisions\n Determining jurisdiction\n Materiality\n The Robinson duty to take obvious points\nPart 2 – Appeals and review – FTT powers\n Permission to appeal to the UT via the FTT: time and procedure\n Extension of time\n Content and treatment of the application\n FTT’s powers and duties as to review\n The FTT: set aside and irregularities\n FTT’s powers and duties as to granting permission to appeal\n FTT powers at the permission stage: summary\nPart 3 – Appeals and review of first instance decisions: practice and procedure for challenges in the UT\n Applications direct to the UT\n Direct applications for permission to appeal to the UT: time limits\n Considerations regarding permission to appeal\n Late applications to the UT\n Grant or refusal of permission to appeal\n Response to the notice of appeal and cross appeals\n Reply\nPart 4 – Proceedings in the UT\n Constitution of the UT; listing appeals\n UT: character\n General powers of the UT\n Powers regarding disclosure and anonymity\n Withdrawal of appeals\n Events leading to deemed abandonment\n Decisions without hearings and oral decisions\n Decisions during the global pandemic\n Objectives of the UT; duties of parties; case management\n Non-compliance with rules and directions\n Sending and delivery of documents\n Variation of grounds\n Jurisdiction regarding appeals in the UT\n Error of law hearings in the UT\n Error of law hearings following Cart JRS\n Transfer of proceedings following identification of error of law\n Remaking of decisions in the UT\n Evidence and witness summons\n Fresh evidence procedure\n Error of law and fresh evidence\n Approach to original decision on re-hearing\n Summary of proceedings in the UT\n Giving of decision; time\n UNHCR in the UT; representation generally\nPart 5 – The role of the Senior Immigration Judiciary\n The Tribunal and consistency\n Precedent and ‘starring’\n Reporting of Tribunal decisions\n The role of the Tribunal in giving country guidance\n Consequences of procedural irregularities\nPart 6 – Errors of law\n Common errors of law\n Reviewing findings of fact\n Delays in issuing decisions\n Key attributes of tribunal decisions\n Reasons\n Drafting grounds of appeal\nPart 7 – Challenging the UT\n Application for permission to appeal to the Court of Appeal: procedure\n Set aside, clerical and administrative slips and omissions\n The UT’s powers of review\n Application to the UT for permission to appeal against its own decision\n UT powers at the permission stage: summary\n Time limit for Court of Appeal application\n Challenges to the UT made to the Court of Appeal directly\n Filing a notice of appeal and late appeals\n Second appeals test\n Skeleton argument\n Oral renewal of permission applications\n General considerations in the Court of Appeal\n Bundles for the hearing\n Respondent’s notice\n Notice of hearing and timetable\n The authorities bundle\n The hearing\n Appellate powers of the Court of Appeal\n The UT as an expert tribunal\n Disposal of the appeal without a hearing\n Recovering costs\nPart 8 – Appeals to the Supreme Court\n5 Appeals to the Special Immigration Appeals Commission\n The genesis of the special immigration appeals commission\n The SIAC\n Rights of appeal in immigration and asylum cases to the SIAC under SIACA 1997\n SIAC’s jurisdiction under SIACA 1997, s 2\n Appeals to the SIAC against deportation decisions\n Rights of appeal to the SIAC against EEA decisions\n Rights of appeal to the SIAC under the Citizens’ Rights Appeals Regs 2020\n Application of SIACA 1997 to appeals under Citizens’ Rights Appeals Regs 2020\n Right of appeal to the SIAC under SIACA 1997, s 2B against deprivation of citizenship\n Judicial review jurisdiction of the SIAC\n Practical application of SIAC judicial review jurisdiction\n Procedure before the SIAC\n General duty of the SIAC\n SIAC practice note\n Bringing an appeal or an application for review before the SIAC\n Time limits for appealing or for applying for a review\n Extension of time for appealing or for applying for review\n Procedures and directions once a notice of appeal or application for review is filed\n Special advocates\n Functions of a special advocate\n Disclosure duties\n Closed material\n Rule 38 hearings\n The use of closed material\n ‘An irreducible minimum of disclosure’?\n W (Algeria) and absolute and irreversible non-disclosure orders\n Procedure in relation to ex parte orders\n Withdrawal of appeals or applications for review; abandonment of appeals\n ‘Striking out’ and failure to comply with directions\n Notification of hearing and adjournments\n Hearing of appeals and applications for review; hearing two or more proceedings together\n Hearings in private\n Giving of evidence before the SIAC\n Evidence obtained by torture\n Consideration of appeals and applications for review by the SIAC\n National security and international relations considerations\n Asylum and human rights issues\n Art 8 considerations\n Art 3 considerations\n Assurances and monitoring\n Judicial review jurisdiction of SIAC and approach to reviews under SIACA1997, s 2D\n Giving of determination: ‘open’, ‘closed’ and ‘confidential’ judgments\n Errors of procedure and correcting orders and determinations\n Anonymity in the SIAC\n Appeals from SIAC to the appropriate appeal court\n Hearing in the Court of Appeal\n Jurisdiction of the Court of Appeal\n Appeals to the Supreme Court: grant of certificate by SIAC\n6 Judicial review\n Distribution of competence: UT and Administrative Court\n Judicial review in the UT\n Judicial review in the Administrative Court\n Matters common to judicial review in the UT and Administrative Court\n Substantive principles of judicial review relevant to immigration\n7 Remote hearings\n Introduction\n Suitability of an appeal for a remote hearing\n Managing remote hearings\n8 Administrative review and post-decision representations\n Routes to reconsideration\n Out-of-country cases: entry clearance and administrative review\n Out-of-country cases: entry clearance manager review\n Administrative review under the immigration rules\n Administrative review in general\n Administrative review from within the United Kingdom under the immigration rules\n Administrative review of appendix EU decisions\n Reconsideration requests\n Pre action protocol letters\n Discretionary reconsideration\n Subject access requests\nIndex