Notes from Willman and Knafler guide

Question 1

Common Travel Area

Answer 1

UK, Channel Islands, the Isle of Man and the Republic of Ireland

Question 2

Immigration, Asylum and Nationality Act 2006 (IANA 2006)

Answer 2

Imposed penalties on employers employing persons from abroad without permission to work

Question 3

UK Borders Act 2007

Answer 3

Removed rights of appeal for those being deported, save for a limited class of persons whose rights under the Refugee Convention, the ECHR or EU law are being breached

Question 4

“Right of abode” vs subject to immigration control

Answer 4

IA 1971 (nb persons exercising EU treaty rights are not subject to immigration control)

Question 5

Leave to remain: limited or indefinite

Answer 5

Can apply for extension or indefinite leave

Question 6

Ban on return to UK

Answer 6

If left UK voluntarily at own expense but outside 28-day period, ban for 12 months.

If left voluntary but at expense of SoS, ban for 5 years.

If deported or removed, or used deception in application for entry clearance, ban for 10 years.

Question 7

Removal/deportation

Answer 7

Home Office serves notice of removal (can be appealed)
Removal directions issued

SoS signs deportation order

EU nationals - “expulsion”

Question 8

Illegal entrant

Answer 8

s33 IA 1971

Question 9

Temporary admission

Answer 9

May be granted to illegal entrants rather than detention

Question 10

Administrative detention

Answer 10

Fast track (detain) vs majority of cases (presumption of release rather than detention)

Can apply for bail after 7 days

Question 11

Asylum process

Answer 11

Screening (port, Croydon, Liverpool)

Question 12

Directive 2003/09 (Reception Directive)

Answer 12

Minimum standards for reception of asylum seekers

Written confirmation of benefits entitled to within 15 days of claim being recorded

Entitlement to take up employment if asylum decision not made within one year

Question 13

Unaccompanied Asylum Seeking Children (UASC)

Answer 13

Statement of Evidence Form (SEF)
Interview
If age an issue of contention, C treated as adult in absence of age assessment from LA which is Merton compliant

Question 14

Fast track

Answer 14

Detained fast track

Detained non-suspensive appeals (white list countries)

Question 15

Dublin II Convention

Answer 15

governs responsibility for assessment of asylum claims for persons arriving in an EU territory that have passed through other EU territories

Question 16

s.31 IAA 1999

Answer 16

Restriction of protections for illegal entry/irregular documents

R v Asfaw [2008] UKHL - s.31 unlawful, as opposed to scope of protection under art 31 Refugee Convention

Question 17

s.8 Asylum and Immigration (Treatment of Claimants etc) Act 2004

Answer 17

List of factors which damage C’s credibility

Question 18

Grant of refugee status

Answer 18

Can stay for five years
After which, entitled to leave to remain permanently
Entitled to be joined by spouse/CP/partner, and children under 18

Question 19

Grant of humanitarian protection

Answer 19

Five years

If granted since 30 August 2005, entitled to be joined by family members

Question 20

Discretionary leave

Answer 20

Usually no more than 6 months. Renewable

Question 21

Nv UK 2005 (ECHR)

Answer 21

Removal of person likely to face a slow and painful death due to lack of medical care is NOT a breach of art 3 ECHR

Question 22

Article 8

Answer 22

Family life. Qualified, not absolute.

Question 23

Seven year child concession

Answer 23

Concession now withdrawn. However, where a child has spent a significant portion of their life in the UK this is an important factor

Question 24

Victims of human trafficking

Answer 24

45-day reflection and recovery period

one-year renewable residence permit

Question 25

1 May 2004 accession states (ten)

Answer 25

Hungary, Poland, Czech Republic, Slovakia, Slovenia, Latvia, Lithuania, Estonia (the A8), Malta, Cyprus

Question 26

1 January 2007 accession states

Answer 26

Bulgaria, Romania (A2)

Question 27

Turkey

Answer 27

Association agreements
Ankara Agreement 1963
Additional Protocol 1973 (standstill clause)
Decision 1/80