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By Satvinder Juss

Immigration legislation and coverage is so arguable and contested that significant laws has been handed each 3 years for the reason that 1993, with 3 money owed within the final 4 years on my own. None, even if, has been extra significant and arguable than the newest installment, the Asylum  Immigration (Treatment of Claimants, etc.) Act 2004.

This makes an attempt to accommodate candidates who hotel groundless appeals to hold up elimination and undocumented arrivals looking asylum. It makes significant institutional and structural alterations. those will abolish the two-tier immigration appeals procedure, through instituting a unmarried tier appellate physique with constrained rights of judicial evaluate. the govt hopes that this may nonetheless guard the best of allure and nonetheless supply a good therapy for these whose program has been refused. there's significant nervousness, even if, approximately those alterations among practitioners, advisers and scholars alike of immigration law.

This advisor presents an in depth history to the legilslation, discusses the context within which its a number of provisions are set, and explains how the legislation will now work.

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20 A Guide to the Asylum and Immigration Act 2004 Section 19: England and Wales This section applies where a marriage is solemnised on the authority of a superintendent registrar issuing a certificate. It is a highly controversial provision because it has the effect of using marriage registrars as tools of immigration control, even if clearly there is abuse. However, the answer lies in proper enforcement of the existing law. For example, in 2003, over 2,300 sham marriages were identified, but only 60 people were arrested.

However, well over 16,000 of those were subsequently overturned because they were wrong. This is a massive waste of resources for which the government, and not the asylum seeker, is responsible.

In some cases it may be perfectly obvious without any express reference to it by the tribunal; in other cases it may not … The appellant is entitled to know the basis of fact upon which the conclusion has been reached. Once again in many cases it might be quite obvious without the necessity of expressly stating it, in other cases it may not [emphasis added]. What this suggests is that under s 8 it will, therefore, be open to the decisionmaking authority to allow a claimant’s appeal, after making a positive assessment in a case where that section applies, provided only that it is clear from the determination that the decision-maker has taken the conduct into account ‘as damaging credibility’.

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