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Asylum Law and Practice 3rd ed


ISBN13: 9781526516855
Previous Edition ISBN: 9781845924539
To be Published: October 2022
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £185.00



Asylum remains a hugely important area of law, deeply affecting the lives of very many people: the nation's approach to it is a touchstone of our humanity. – from the foreword to the second edition by The Rt Hon The Lord Brown of Eaton-under Haywood.

This is the leading practitioner textbook dealing solely with the law and practice pertaining to all aspects of asylum in the UK. It is a decade since the last edition published, since when much has happened in this area, with the most significant being Brexit.

The third edition will be the first post-Brexit refugee practitioner work. The new legal regime should be clearer by early 2021, either because a new regime of Rules and Regulations is in place, or because the first judicial decisions on the new constitutional arrangements and the treatment of EU Retained Law are giving insight.

The third edition covers:

  • Credibility assessment: UNHCR and Beyond Proof, language analysis, family tracing, assessing belief and sexuality
  • Assessing risk: assurances, shifting burdens of proof and duties of enquiry, the relevance of inability to return
  • Persecution: conscientious objection, future expression of fundamental rights
  • Developments in the understanding of vulnerability: the interaction of refugee law with trafficking, statelessness and gender preference issues
  • Exclusion for wrongdoing, for access to rights akin to nationality, and for non-UNHCR protection
  • Cessation of status: family members, change of circumstances, and relevance of internal relocation
  • Third country cases: returns under and beyond Dublin 3, third country returns post-Brexit
  • Procedures - asylum claims in detention, delays in determining claims, family reunion

Subjects:
Immigration, Asylum, Refugee and Nationality Law
Contents:
1. History of the Refugee Convention, Sources of refugee Law and Principles of Interpretation
2. Well-founded fear
3. Persecution
4. The Convention Reasons and Causation
5. Procedure and evidence before the First-tier Tribunal
6. Counties of Nationality and Habitual residence, Statelessness and the Establishment of Nationality
7. Particular Categories of Asylum Seeker
8. Cessation, Cancellation and Exclusion
9. The Protection Owed to Refugees
10. Common European Asylum System and Subsidiary or Humanitarian Protection
11. Asylum and the Human Rights Convention
12. Claiming Asylum in the UK
13. Treatment of Asylum Seekers
14. Third Country Cases
15. Procedure Before the First-tier Tribunal; Evidence Before the Immigration and Asylum Chambers
16. Challenging the First-tier Tribunal and Procedures in the Upper Tribunal