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By Satvinder Juss

Immigration legislations and coverage is so arguable and contested that significant laws has been handed each 3 years due to the fact that 1993, with 3 debts within the final 4 years by myself. None, although, has been extra significant and debatable than the newest installment, the Asylum  Immigration (Treatment of Claimants, etc.) Act 2004.

This makes an attempt to accommodate candidates who resort groundless appeals to hold up removing and undocumented arrivals looking asylum. It makes significant institutional and structural adjustments. those will abolish the two-tier immigration appeals method, via instituting a unmarried tier appellate physique with restricted rights of judicial evaluation. the govt hopes that this can nonetheless guard the correct of allure and nonetheless supply a good treatment for these whose software has been refused. there's substantial nervousness, notwithstanding, approximately those alterations among practitioners, advisers and scholars alike of immigration law.

This consultant presents a close history to the legilslation, discusses the context during which its a number of provisions are set, and explains how the legislation will now work.

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This is because the rights of residence obtained through the marriage to an EEA national are subject to European law, rather than UK domestic legislation. This means that a person who does not marry an EEA national, but marries someone of his own community from a country such as India or Pakistan, is likely to be disproportionately prejudiced. The government has also defended its provision that both parties to a marriage should give notice together. This is because this will then ensure that registrars have an opportunity to observe interaction between couples, enabling them to form a view on whether an intended marriage should be reported as suspicious under the current legislation.

There is to be a period of five days beginning with the date on which the appellant is treated as receiving the Commentary on the Act 25 notice of the tribunal’s decision in accordance with the rules. There may be problems here. First, the date of the actual receipt of the notice may be later than the deemed date under the rules. This is particularly the case where the postal service is used and this may lead to delay. A ‘deemed date’ should be acceptable only if the time as a whole that is provided is reasonable and it can be accepted that the deemed date may be a day or two in advance of the actual date of receipt.

On a remittal back for reconsideration, any further oversight of the tribunal’s decision will then only be by way of appeal to the Court of Appeal. The government expects the new system of review to work much more efficiently and expeditiously than the previous one. Under the old system, cases could take up to a year to go through every stage of the process. The government expects the new system to take no more than 15 weeks. It is anticipated that it will take eight weeks from when the appeal is lodged until the appeal is promulgated by the tribunal.

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