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House of Commons
Session 2003-04
Publications on the internet
Constitutional Affairs Committee Publications

Constitutional Affairs - Second Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 24 February 2004.


CONTENTS


Terms of Reference

Summary

1 Introduction

2 Recent Developments

The Asylum and Immigration (Treatment of Claimants, etc.) Bill 2003/04

Home Secretary's announcement of an asylum amnesty

Changes to publicly funded immigration and asylum work

Nationality, Immigration and Asylum Act 2002: commencement of Part 5

3 The quality of initial decision making

Quality of initial decision-making and representation by the Home Office at appeals

4 Current appeal procedures

The need for further legislation

Adversarial or inquisitional procedures?

5 Proposal for a new Asylum and Immigration Tribunal

Background

The Government's proposals

6 Jurisdiction of the Courts

Review of Tribunal decisions (clause 11(6))

Power to refer points of law to the higher appellate courts (clause 11(7))

Exclusion of judicial review and further appeal to higher courts (clause 11(5), (7))

7 Non-suspensive appeals

Concerns

Success rate

8 Public Funding and legal advice

The future of Legal Help

Quality of legal advice

9 Immigration appeals

The structure of non-asylum appeals

Family Visitor Appeals

Universal file number

Oral or written appeals?

The availability of Legal advice and representation

10 Conclusion

Conclusions and recommendations

Formal minutes

Witnesses

MINUTES OF EVIDENCE

Tuesday 13 January 2004

Tuesday 20 January 2004

Tuesday 3 February 2004

Tuesday 10 February 2004

List of written evidence

Written Evidence

Reports from the Constitutional Affairs Committee


 
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Prepared 2 March 2004