The Operation of the Special Immigration Appeals Commission (SIAC) and the Use of Special Advocates PDF Download
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Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215023797
Category : Law
Languages : en
Pages : 60
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Book Description
The new system of control orders established by the Prevention of Terrorism Act 2005 (2005, c.2, ISBN 0105402052) will extend the role of Special Advocates (lawyers appointed to represent appellants within the closed hearing system before the Special Immigration Appeals Commission (SIAC) who have security clearance to examine material kept secret from the appellant and his/her ordinary lawyers). In light of this, the Committees report examines the operation of the Special Immigration Appeals Commission (SIAC) over the last eight years and the use of Special Advocates, in order to identify lessons to be learned to ensure the adequacy of procedural safeguards in the future system. Issues considered include: the background to SIAC and the passing of the 2005 Act; the operation of SIAC and its impact on the legal and human rights of appellants; the Special Advocate system as it operated under SIAC and its extension into the High Court. The Committee concludes that there are a number of defects with the Special Advocate system as it operated through SIAC, and a number of improvements can be made to improve its use under the 2005 Act, including the establishment of an Office of the Special Advocates to ensure provision of appropriate expert support and facilities, and that appellants are offered, where practical, a choice of Special Advocate from a security-cleared pool.
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215023797
Category : Law
Languages : en
Pages : 60
Get Book Here
Book Description
The new system of control orders established by the Prevention of Terrorism Act 2005 (2005, c.2, ISBN 0105402052) will extend the role of Special Advocates (lawyers appointed to represent appellants within the closed hearing system before the Special Immigration Appeals Commission (SIAC) who have security clearance to examine material kept secret from the appellant and his/her ordinary lawyers). In light of this, the Committees report examines the operation of the Special Immigration Appeals Commission (SIAC) over the last eight years and the use of Special Advocates, in order to identify lessons to be learned to ensure the adequacy of procedural safeguards in the future system. Issues considered include: the background to SIAC and the passing of the 2005 Act; the operation of SIAC and its impact on the legal and human rights of appellants; the Special Advocate system as it operated under SIAC and its extension into the High Court. The Committee concludes that there are a number of defects with the Special Advocate system as it operated through SIAC, and a number of improvements can be made to improve its use under the 2005 Act, including the establishment of an Office of the Special Advocates to ensure provision of appropriate expert support and facilities, and that appellants are offered, where practical, a choice of Special Advocate from a security-cleared pool.
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215018922
Category : Law
Languages : en
Pages : 84
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Book Description
The draft Bill, published as a consultation paper (Cm 6194, ISBN 0101619421) in May 2004, contains the Government's proposals for changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. Its two key provisions are the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission (LSC); and the re-introduction of a means test for criminal cases. The Committee's report finds that the increase in CDS spending in recent years is unsustainable, and states its support for the underlying aim of the draft Bill to improve management control and consistency in the legal aid system and to focus resources on those that need help most. However, it highlights a number of areas where more work is required before the proposals can be finalised, including the need to ensure the measures comply with the UK's obligations under the European Convention on Human Rights, as well as the costs and practical difficulties of means testing and in transferring the grant to the LSC.
Author: Jaya Ramji-Nogales
Publisher: NYU Press
ISBN: 0814741061
Category : Law
Languages : en
Pages : 356
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Book Description
The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215023148
Category : Appellate procedure
Languages : en
Pages : 28
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Book Description
The Committee's report examines the Government's proposed changes to the system of legal aid payments in asylum appeal cases in England and Wales, under the draft Community Legal Service (Asylum and Immigration) Regulations 2005 (ISBN 0110723015). Issues discussed include: the introduction of a system of retrospective funding, the merits test, and the implications of the new system for solicitors offering legal aid services. Conclusions reached include that the merits test will have to be set at a lower level if the system of retrospective funding is introduced, to ensure that appellants and suppliers are not to be disadvantaged, since the legal aid system should not be used to restrict legitimate appeals.
Author:
Publisher:
ISBN:
Category : Aliens
Languages : en
Pages : 228
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Book Description
Author: Clara Long (Human rights researcher)
Publisher:
ISBN:
Category : Illegal aliens
Languages : en
Pages : 50
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Book Description
"The Trump administration has pursued a series of policy initiatives aimed at making it harder for people fleeing their homes to seek asylum in the United States.... In January 2019, the administration expanded its crackdown on asylum to a wholly new practice: that of returning asylum seekers to Mexico where they are expected to wait until their US asylum court proceedings conclude, for months and perhaps even for years.... [This report] details serious abuses associated with the US Department of Homeland Security's so-called Migrant Protection Protocols (MPP).... The report reveals asylum seekers are trapped in dangerous Mexican border cities with limited shelter space where they lack meaningful access to due process in the US and face risks to safety and security."--Page 4 of cover.
Author: Robert Thomas
Publisher: Bloomsbury Publishing
ISBN: 1847317723
Category : Law
Languages : en
Pages : 236
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Book Description
FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.
Author:
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 8
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Book Description
Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 282
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Book Description
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104006689
Category : Business & Economics
Languages : en
Pages : 180
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Book Description
In this report the Committee describes and explains the full range of its work over the course of the 2001-2005 Parliament. The Committee distils from its experience a number of suggestions for consideration by its successor committee and recommendations addressed to the Government, in order to enhance the integration of human rights considerations into the overall policy and legislative process. Chapter 2 explains the background to the Committee's establishment. Chapter 3 covers the legislative scrutiny performed by the Committee. The monitoring of the implementation of the Human Rights Act is the subject of chapter 4, while chapter 5 covers work in relation to institutional support for human rights within the UK. The inquiries into the international treaties to which the UK is a party are dealt with in chapter 6, including the Convention on the Rights of the Child, the International Covenant on Economic Social and Cultural Rights, and the Convention on the Elimination of Racial Discrimination. The final chapter describes the work undertaken on monitoring action taken by the Government in response to incompatibilities with Convention rights, arising from Strasbourg judgments and declarations of incompatibility by UK courts.
