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Immigration Appeals and Remedies Handbook

By: Mark Symes, Peter Jorro
Media of Immigration Appeals and Remedies Handbook
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Published: 05-05-2021
Format: Paperback
Edition: 2nd
Extent: 752
ISBN: 9781526516633
Imprint: Bloomsbury Professional
Dimensions: 234 x 156 mm
RRP : £75.00
 

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About Immigration Appeals and Remedies Handbook

Immigration Appeals and Remedies Handbook, Second Edition covers all aspects of immigration and nationality appeals and challenges to decisions via administrative and judicial review.

It explains the rights of appeal to the First-tier Tribunal onwards to the Upper Tribunal and higher courts, including practice and procedure and issues arising from remote hearings by video link.

This Second Edition provides clarity of approach through the extensive use of checklists and bullet points. It also includes a new chapter on remote hearings, along with a myriad of other issues including:

- Developments in human rights appeals
- EU Citizens' Rights Appeals post-Brexit
- The scope of nationality appeals
- Practice and procedure in SIAC
- Disclosure, costs, vulnerable witnesses and capacity
- Remedies against dishonesty allegations
- Immigration public law: practice and procedure

This is an essential title for all immigration law practitioners, judiciary in both the tribunals and senior courts, law libraries, academics and students.

Table Of Contents

1 Introduction: immigration control and immigration decisions
2 Rights of appeal to the First-tier Tribunal
PART 1 – RIGHTS OF APPEAL TO THE FTT UNDER NIAA 2002, PART 5
PART 2 – RIGHTS OF APPEAL TO THE FTT IN 'SAFE THIRD COUNTRY CASES'
PART 3 – RIGHTS OF APPEAL TO THE FTT UNDER THE EEA REGS 2016
PART 4 – RIGHTS OF APPEAL TO THE FTT UNDER THE CITIZENS' RIGHTS APPEALS REGS 2020
PART 5 – RIGHT OF APPEAL TO THE FTT UNDER BNA 1981, S 40A AGAINST DEPRIVATION OF CITIZENSHIP
3 Procedure and evidence before the First-tier Tribunal
PART 1 – GENERAL PRINCIPLES
PART 2 – PRE-HEARING ISSUES
PART 3 – THE HEARING
PART 4 – DECISIONS
PART 5 – THE DETAINED FAST TRACK
PART 6 – EVIDENCE
4 Appeals onwards from the FTT to the UT and beyond
PART 1 – GENERAL PRINCIPLES
PART 2 – APPEALS AND REVIEW – FTT POWERS
PART 3 – APPEALS AND REVIEW OF FIRST INSTANCE DECISIONS: PRACTICE AND PROCEDURE FOR CHALLENGES IN THE UT
PART 4 – PROCEEDINGS IN THE UT
PART 5 – THE ROLE OF THE SENIOR IMMIGRATION JUDICIARY
PART 6 – ERRORS OF LAW
PART 7 – CHALLENGING THE UT
PART 8 – APPEALS TO THE SUPREME COURT
5 Appeals to the Special Immigration Appeals Commission
6 Judicial review
7 Remote hearings
8 Administrative review and post-decision representations

Reviews

“'Invaluable…to the armoury of all…a compulsory addition to the library of every immigration judge and practitioner.'” –  Mr Justice McCloskey, the then President of the Upper Tribunal, Immigration and Asylum Chamber, Foreword of 1st edition:

“'Aconvenient practical tool for the construction of coherent argument and onward research.'” –  Legal and Research Unit Journal 2015

“'When the President of the Upper Tribunal, Immigration and Asylum Chamber writes a foreword, and the foreword concludes with the words “This is…. a compulsory addition to the library of every immigration judge and practitioner” one gets the picture: something special has been added to the library. The calm and clear approach of Messrs Symes and Jorro is deeply reassuring.'” –  Stephen Knafler QC On the Free Movement Blog 2016

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