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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 considering 1993, with 3 debts within the final 4 years by myself. None, despite the fact that, has been extra significant and arguable than the most recent installment, the Asylum  Immigration (Treatment of Claimants, etc.) Act 2004.

This makes an attempt to house candidates who inn groundless appeals to hold up removing and undocumented arrivals looking asylum. It makes significant institutional and structural alterations. those will abolish the two-tier immigration appeals method, through instituting a unmarried tier appellate physique with restricted rights of judicial evaluate. the govt. hopes that this may nonetheless protect definitely the right of attraction and nonetheless supply an efficient treatment for these whose software has been refused. there's enormous anxiousness, even though, approximately those adjustments among practitioners, advisers and scholars alike of immigration law.

This advisor offers a close 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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Example text

Thirdly, the recognition that decision-making should be ‘culturally competent’ is one that deserves to be widely appreciated. Judges have to make findings of credibility in much the same way as they have to find facts. The process is a rigorously disciplined process which, if found wanting, can be still further appealed to a higher judicial body. However, it is not an infallible process. Lawyers have been criticised for pursuing this task. ’ However, it is salutary to remember that the legal process is not to do with the pursuit of truth.

Commentary on the Act 15 Similarly, in the Canadian case of Ye v Canada (Minister of Employment and Immigration) [1992] FCJ 584, the Federal Court of Appeal warned against the assessment of credibility by the Refugee Division in an appeal concerning a Chinese appellant. The court referred to the risk of imposing Western concepts on a subtle oriental totalitarianism and of interpreting Chinese law enforcement in the light of the more linear Western model, when the social control exercised by the Chinese State is omnipresent.

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’. This suggests that decision-makers must neither be over-zealous nor under-zealous in assessments of credibility.

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