"invaluable ... to the armoury of all ... a compulsory addition to the library of every immigration judge and practitioner."
The President of the Upper Tribunal Immigration and Asylum Chamber, Mr Justice McCloskey
The system of appeals and judicial review in immigration has received a radical overhaul in recent years. The Immigration Appeals and Remedies Handbook is a practical and user-friendly text dealing with all aspects of immigration appeals, and with administrative and judicial review.
The book is written in the style of a user-friendly Handbook and features check lists and bullet points for ease of understanding. It covers:
-The new appeals system;
-The Procedure Rules for the First-tier Tribunal Immigration and Asylum Chamber, with radical new features as to the awarding of costs and featuring judicial limitations on the withdrawing of immigration decisions and varying of the grounds for refusal;
-The case law on natural justice, rules of evidence, one stop notices, vulnerable witnesses and children;
-Judicial review in the Upper Tribunal Immigration and Asylum Chamber;
-The new system of Administrative Review under the Immigration Rules;
-Identifying challenges based on points of law and preparing and presenting appeals in the Upper Tribunal Immigration and Asylum Chamber;
-Appeals under the EEA Regulations and to the Special Immigration Appeals Commission;
-Onwards appeals to the Court of Appeal.
Mark Symes and Peter Jorro are barristers at Garden Court Chambers.
1 Introduction: immigration control and immigration decisions 2 Outline of the development of statutory appeal rights in immigration and asylum cases 3 Rights of appeal to the First-tier Tribunal under the `saved provisions' of the Nationality, Immigration and Asylum Act 2002 4 Current rights of appeal to the First-tier Tribunal 5 Procedure and evidence before the First-tier Tribunal 6 Onward appeals to the Upper Tribunal, Court of Appeal and the Supreme Court 7 Appeals to the Special Immigration Appeals Commission 8 Judicial review 9 Administrative review and post-decision representations