Notes from Willman and Knafler guide Flashcards
Common Travel Area
UK, Channel Islands, the Isle of Man and the Republic of Ireland
Immigration, Asylum and Nationality Act 2006 (IANA 2006)
Imposed penalties on employers employing persons from abroad without permission to work
UK Borders Act 2007
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
“Right of abode” vs subject to immigration control
IA 1971 (nb persons exercising EU treaty rights are not subject to immigration control)
Leave to remain: limited or indefinite
Can apply for extension or indefinite leave
Ban on return to UK
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.
Removal/deportation
Home Office serves notice of removal (can be appealed)
Removal directions issued
SoS signs deportation order
EU nationals - “expulsion”
Illegal entrant
s33 IA 1971
Temporary admission
May be granted to illegal entrants rather than detention
Administrative detention
Fast track (detain) vs majority of cases (presumption of release rather than detention)
Can apply for bail after 7 days
Asylum process
Screening (port, Croydon, Liverpool)
Directive 2003/09 (Reception Directive)
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
Unaccompanied Asylum Seeking Children (UASC)
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
Fast track
Detained fast track
Detained non-suspensive appeals (white list countries)
Dublin II Convention
governs responsibility for assessment of asylum claims for persons arriving in an EU territory that have passed through other EU territories
s.31 IAA 1999
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
s.8 Asylum and Immigration (Treatment of Claimants etc) Act 2004
List of factors which damage C’s credibility
Grant of refugee status
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
Grant of humanitarian protection
Five years
If granted since 30 August 2005, entitled to be joined by family members
Discretionary leave
Usually no more than 6 months. Renewable
Nv UK 2005 (ECHR)
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
Article 8
Family life. Qualified, not absolute.
Seven year child concession
Concession now withdrawn. However, where a child has spent a significant portion of their life in the UK this is an important factor
Victims of human trafficking
45-day reflection and recovery period
one-year renewable residence permit
1 May 2004 accession states (ten)
Hungary, Poland, Czech Republic, Slovakia, Slovenia, Latvia, Lithuania, Estonia (the A8), Malta, Cyprus
1 January 2007 accession states
Bulgaria, Romania (A2)
Turkey
Association agreements
Ankara Agreement 1963
Additional Protocol 1973 (standstill clause)
Decision 1/80
