Asylum and Human Rights Appeals Handbook

Robin Tam is Treasury Counsel on the Attorney General's A Panel. He has a substantial judicial review and administrative law practice, in which immigration, asylum and national security play a prominent part. Robin has appeared in numerous cases before the Court of Appeal and the House of Lords, including the recent cases of R(Iran) & ors v SSHD [2005] EWCA Civ 982, R (Kadir) v SSHD [2005] UKHL 39, and A and others v SSHD (No 2) (CA) [2005] 1 WLR 414. The Chambers & Partners and Legal 500 directories identify Robin Tam as one of the leading juniors in the asylum and immigration field. Ian Burnett QC (Consultant Editor) has a practice which encompasses administrative and public law, and anti-terrorist cases (including appearing in A (FC) & Ors v SSHD [2004] UKHL 56 and [2002] EWCA Civ 1502). He is recognized by Chambers & Partners as a leading silk in these spheres of practice. Ian Burnett QC also sits as a Recorder.

1. Introduction ; 2. Asylum ; History of the Refugee Convention ; Implementation of Convention in UK law ; Article 1A(2) - introduction ; Well-founded fear of persecution ; Persecution ; Causation 'for reasons of' ; 'Convention reason' ; Internal relocation ; Article 1C - cessation ; Article 1D - UNRWA ; Article 1F - exclusion of undeserving individuals ; Practice and Procedure note ; 3. Article 3 of the European Convention on Human Rights ; Application of the Convention by the domestic courts and the use of Stasbourg jurisprudence ; Article 3 and the Burden and Standard of Proof ; Inhuman and degrading treatment and punishment ; Torture ; Spectrum of Article 3 cases and the scope for state action ; State protection and non-state actors ; Medical conditions and insufficiency of treatment ; Suicide risk ; Destitution/ refusal of asylum support ; Dispersal ; Practice and Procedure Note ; Practice and Procedure Note ; 4. Article 8 of the European Convention on Human Rights ; Rights protected ; Burden and standard of proof ; Appeals ; Practice and Procedure Note ; Practice and Procedure Note ; 5. Other Human Rights Articles potentially applicable in the asylum and human rights context ; Introduction ; Article 2 ; Article 4 ; Article 5 ; Article 6 ; Article 7 ; Article 9 ; Article 10 ; Article 12 & 14 ; Article 8 & 14 ; Practice and Procedure Note ; 6. Rights of Appeal ; Old Rights of Appeal ; The Current Appeals System ; Rights of Appeal ; Grounds of Appeal ; Exceptions and Limitations ; In country and out of country appeal rights ; The one-stop procedure ; Suspensory effect of pending appeals ; Jurisdiction - powers of the Tribunal ; Appeals from the Asylum and Immigration Tribunal ; Practice and Procedure Note ; 7. Certification and Removal ; Third country certification - Dublin Convention and safe third country certification ; Third country certification ; Dublin convention certification ; Clearly unfounded certification - section 94, 2002 Act ; Earlier right of appeal certification - section 96 Nationality, Immigration and Asylum Act 2002 ; National security - section 97 Nationality, Immigration and Asylum Act 2002 ; Grounds of public good - s98 ; Certification under the 2006 Act - Refugee Convention Certification - s55 ; Fresh claims and further representations ; Removal cases - injunctions and emergency injunctions ; Practice and Procedure Note ; 8. Detention and Bail ; Introduction ; Powers to detain ; Bail ; Temporary Admission ; Fast-tracking ; Practice and Procedure Note ; Practice and Procedure Note ; 9. Future Reforms