BASIC IMMIGRATION LAW
|
|
- Elisabeth Hart
- 8 years ago
- Views:
Transcription
1 BASIC IMMIGRATION LAW Introduction Under immigration law, anyone not having a right of abode in the UK is subject to immigration control and can only live, work and settle in the UK by permission (Section 1(1) 1(2) Immigration Act 1971). Those with a right of abode include British citizens and certain commonwealth citizens. Different rules also apply to nationals of Member States of the European Economic Area (EEA). For all other nationals, a system of immigration control is in place. The most relevant provisions of this which apply to victims of trafficking are below: 1. The National Referral Mechanism (discussed during the introduction to today s conference). After conclusive identification as a victim of trafficking, that victim may be given a one year residence permit if this is necessary owing to their personal circumstances or if their presence in the UK is required for continuing police investigations (Article 15 Convention on Action against Trafficking in Human Beings). The residence permit is renewable. 2. Asylum Procedure. The majority of victims of trafficking, unless from the EU, will have their claims assessed through their asylum applications. This means that UKBA will first consider whether they should be granted asylum, or some form of discretionary leave and if this fails will then consider whether they should be granted a residence permit (following conclusive identification under the NRM). This training will cover both the substantive legal basis for seeking asylum and the procedure. Substantive Asylum Law Who can seek asylum: Asylum is granted to individuals who meet the definition of a refugee as set out in the Geneva Convention of 1951 Relating to the Status of Refugees). This definition is applied by all countries who have signed the Convention, including the UK. In order to be recognised as a refugee an individual will have to show that: 1 P a g e
2 Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear is unwilling to return to it. This definition can be broken down into various parts and in order to make a successfully asylum application each part will need to be established: 1. Well-founded fear this means that an individual must be genuinely afraid of returning to their country of nationality or habitual residence, and that fear must be what any ordinary person would fear if they were in the same situation (this is subjective) and when considering the information available about the situation in the country of origin (this is an objective assessment). 2. Persecution there is no definition of persecution in the Convention itself, but it has been understood to mean a threat to the person s life or freedom, or other serious human rights violations. It can also be the result of a series of less serious elements which taken together form a pattern of treatment which amounts to persecution. Discrimination alone will not necessarily amount to persecution, but if the discrimination makes it very difficult, or even impossible for you to, for example, earn a living, practice your religion or access things like education, then it may amount to persecution. Fleeing prosecution for a criminal offence will not ordinarily amount to persecution, unless the law in the country of origin is discriminatory or is applied in a discriminatory manner. In addition the fact that an individual has been persecuted in the past will not be enough on its own to fulfil this criteria which is forward looking i.e. they will need to demonstrate that they fear continued or new persecution if they are returned to their country of origin. 3. For reasons of race, religion, nationality, membership of a particular social group or political opinion These are known as the Convention Reasons. To be a refugee, the persecution feared or suffered must be for one of these five reasons. Victims of trafficking will generally fall into the category of being members of a particular social group: i.e. trafficked women from China. This has been accepted by the UK Tribunals in the following cases: 2 P a g e
3 SB (PSG) Moldova [2008] The Tribunal found that former victims of trafficking for sexual exploitation constituted members of a particular social group. The risk they faced on return would depend on an assessment of whether the Moldovan authorities were able to provide sufficient protection. In this case the victim gave evidence against her trafficker who was convicted and sentenced to five years in prison in the UK, however he was also known to have numerous associated in Moldova and a wide network of contacts throughout Eastern Europe. AZ (Trafficked Women) Thailand [2010] The tribunal found that former victims of trafficking in Thailand constituted members of a particular social group, but not all would be at risk on return. The factors to be considered when assessing risk included age, marital status, domestic background, education, availability of employment and family or other support networks. 4. Is outside the country of nationality An individual cannot be a refugee while they remain in their country of origin. In most cases, they will have escaped a situation of harm in their country and applied for asylum in the country they travel to. For victims of trafficking, they often become refugees after having left their country and therefore almost always meet this requirement of being outside their country of nationality (having been trafficked from there). 5. Is unable or, owing to such fear is unwilling to avail himself of the protection of that country For an individual to be unable to obtain protection from their country of origin, there has to be something beyond their control which prevents them from doing this, for instance civil war or other disturbance, because the authorities of the country of origin have refused a request for protection or that there is objective evidence which shows that the authorities do not take steps to protect victims of trafficking and any measures in place are inadequate to protect a victim. If an individual to be unwilling to avail themself of the protection of their country of origin this must be due to the well-founded fear persecution for a Convention reason discussed above. They will have to show that the danger and harm they fear exists wherever they may go in their country, so that there is no possibility that they can relocate. An individual who can demonstrate all of the above criteria will meet the definition of refugee and should be granted asylum. 3 P a g e
4 Humanitarian Protection If an individual s situation does not fit within the definition of a Refugee set out above (for example they cannot establish that their persecution will be because of one of the Convention reasons), but they still fear that they will be killed or seriously harmed if returned to their country of origin, then they should make an application to remain in the UK on human rights grounds. The application will be made under Article 3 of the European Convention on Human Rights Article 3 prohibits torture, inhuman and degrading treatment, and prevents the UK from removing someone and sending them to a country whether they would suffer: i. Torture deliberate inhuman treatment causing very serious and cruel suffering; and / or ii. Inhuman treatment or punishment Treatment or punishment that causes physical and mental suffering; and / or iii. Degrading treatment or punishment Treatment that causes the victim to feel fear, anguish and inferiority capable of humiliating and debasing the victim and possibly breaking his or her physical or moral resistance. This could include situations where a victim of trafficking, who may now have a child, would suffer undue financial hardship, isolation and no prospects of being able to provide for herself and her child on return. In order to make a successful application they will again have to show that their fear of this kind of treatment is well-founded, that there is a serious risk of ill-treatment as described above, that the authorities in their own country either cannot or will not protect them. They will also have to show that this applies throughout their country of origin and that there is no part of the country in which they will be safe. Following the Judgment of the European Court of Human Rights in the case Rantsev v Cyprus and Russia, victims of trafficking can now rely directly on Article 4 of the European Convention on Human Rights (which prohibits slavery, servitude and forced or compulsory labour) in their claims for protection on human rights grounds. The Court in Rantsev made a number of crucial findings relating to trafficking victims: i. Trafficking itself was now a prohibition under Article 4, which is an absolute right and therefore there are no exceptions to this. ii. States must protect victims of trafficking and potential victims of trafficking. 4 P a g e
5 iii. States have positive obligations not to return victims to a situation where they may once again face exploitation. In order to raise a human rights claim, an individual should make an application for asylum and inform the UK Border Agency of all the reasons why they fear returning to their country. The UK Border Agency will then make an assessment of whether the asylum criteria are met, and if not, will automatically consider the claim on human rights grounds. Procedure for Applying for Asylum Once someone has notified the UKBA that they wish to apply for asylum, the UKBA should make arrangements to interview them about their asylum application. If the individual does not speak English, or they prefer to communicate in a language other than English then they are entitled to have an interpreter present during the interview. The interview will usually be split into two parts. The first part is a Screening Interview where the individual s personal details are taken, and they are asked about how they travelled to the UK. The second part is called a Full Asylum Interview. They will be asked about why they fear returning to their country of origin. It is important for them to explain all of the events that occurred which led them to run away from their country. If they leave anything out, this may later be used against them, and so it is up to them to make sure that they tell the Immigration Officer who interviews them everything that happens. Legal representatives are no longer funded to attend the full asylum interview, so it is important to request that the interview is tape-recorded. The individual can put forward any other evidence in support of their application. The sorts of evidence that can be put forward are: Medical evidence if the individual has been tortured or physically or mentally abused, then they may have ongoing mental or physical health problems. They may have scarring which can be recorded by a doctor. In this case it is advisable to send a medical report to UKBA as proof of this. Evidence of arrest or court proceedings in the individual s country of origin if they have been arrested or prosecuted and this is part of their fear, then they should, if possible, provide the original arrest warrants or letters from the court to the UKBA. If 5 P a g e
6 these are not in English they will need to be translated. Before submitting documents it may be advisable to obtain an expert report commenting on their authenticity. The individual can put forward any other evidence including photos, newspaper articles, party membership cards (if they belong to a political party), birth, marriage or death certificates. They can also send in a full written account of what happened to them. If they have a lawyer acting for them they will usually help them to do this. It can be very helpful as it allows them to tell their whole story in their own words. Once the individual has put forward all the evidence in support of their case, the UKBA will look at the evidence and make a decision on their case. WHAT DECISIONS CAN UKBA MAKE? UKBA can make one of the following decisions: 1. To allow the asylum application and recognise the individual as a refugee 2. To refuse the asylum application, but allow the individual to remain in the UK on Human Rights grounds 3. To refuse the application and refuse any other kind of permission to remain in the UK If the individual is recognised as a refugee they will be given permission to remain in the UK for 5 years. During that time they will have the same entitlements to work, benefits, housing, education and health care that a UK national has. They can also apply to have their family members join them in the UK. Shortly before their refugee status expires you will have to apply for permanent residence, and at that stage your application will be reviewed. If the application is allowed on human rights grounds then the individual will be granted either Humanitarian Protection or Discretionary Leave to Remain in the UK. This will depend on the reason why their application was granted. If the application was granted because although the individual does not fit within the definition of a refugee, they would be at risk of torture, inhuman or degrading treatment if returned to their country of origin, then they will be given Humanitarian Protection. If the application is allowed for any other human rights reason, or if they have serious criminal convictions, then you will be granted Discretionary Leave to Remain. If the individual is granted Humanitarian Protection they will be given permission to remain in the UK for 5 years. During that time you will have the same entitlements to 6 P a g e
7 work, benefits, housing, education and health care that a UK national has. They can also apply to have their family members join them in the UK. Shortly before their Humanitarian Protection expires they will have to apply for permanent residence, and at that stage their application will be reviewed. If the individual is granted Discretionary Leave to Remain in the UK they will be told how long they are able to stay in the UK for. This will be for a period between 6 months and 3 years. If they have been convicted of a serious criminal offence it is likely that they will be granted 6 months leave to remain, and their leave will be reviewed every 6 months. They will not be allowed to apply for permanent residence until they have spent 10 years on Discretionary Leave, and even then UKBA may refuse to allow them to remain permanently. Most other people granted Discretionary Leave will be granted 3 years permission to remain in the UK. When this 3 year period is about to expire, they will need to apply for a further 3 years. At the end of 6 years with Discretionary Leave they can apply to remain permanently. Do criminal convictions affect the kind of status people get? As explained, when the application is allowed on Human Rights grounds, criminal convictions may lead to the individual being granted Discretionary Leave to Remain instead of Humanitarian Protection. In asylum claims, minor criminal convictions should not have any effect. However, if a person has committed a serious offence she may be excluded from the protection of the Geneva Convention. This can lead to refusal of asylum, or to refugee status being withdrawn where it has previously been granted. This does not always happen, but an individual who has committed an offence for which the sentence is 2 years or more should seek legal advice, as it is possible that the UKBA may consider this serious enough to withdraw their refugee status, or exclude them from protection. What happens if the application is refused? If the application for asylum is refused, then the individual will have a right of appeal to the First Tier Tribunal (Immigration and Asylum Chamber) where an Immigration Judge will consider whether the decision to refuse them was in accordance with the law. UKBA can certify the claim 'clearly unfounded'. The effect of a 'clearly unfounded' 7 P a g e
8 certificate under s94 of the Nationality, Immigration and Asylum Act is that the individual is denied any in-country appeal before being expelled to her country of origin. She may bring an appeal from her home country. UKBA will outline all their reasons for refusing the application in a detailed letter, usually known as the reasons for refusal letter. If the application is refused the individual should seek legal advice if they haven t already done so, as appeals usually need expert preparation. There are two things that you should bear in mind: 1. If the individual is detained when the application is refused, they will only have 5 working days in which to appeal 2. If the individual s legal adviser is assisting you through the Controlled Representation Scheme (this is often called Legal Aid ) then they will only be able to represent you for free at your appeal if they think that your case has a chance of success. This simply means better than a chance of success. However, if the prospects of success are borderline or unclear, and the matter is of particular importance (such as an asylum appeal), CLR may be provided. Someone who is refused CLR because of this merits test may apply to the LSC for a review of that refusal. The legal adviser who has decided there is insufficient merit in the case is required to advise the individual on this review procedure, including how to complete the relevant form (called the CW4 form). Lodging the appeal An appeal can be lodged against any 'immigration decision' listed in s.82 of the 2002 Act on any of the grounds listed in s.84 in the 2002 Act (which include asylum and human rights grounds). It is rarely advantageous to file very detailed grounds of appeal. Often the circumstances of the case have changed by the time of the full hearing. Preparing for the Appeal Further evidence can be put forward at the appeal in support of the individual s claim even if has not previously been considered by the UKBA. The most essential piece of evidence will be a witness statement from the individual responding to all of the points that have been raised by the UKBA in the refusal letter. Potential witnesses who may be able to corroborate the individual s account should be asked to attend court and provide a witness statement. Remember hearsay is permitted 8 P a g e
9 in this jurisdiction, so it does not matter that the witness may not have witnessed an incident first-hand. If the witnesses have claimed asylum it is important to try and obtain all of the papers from their asylum application/appeal. If the UKBA has challenged what the individual has said about the situation in their country of origin it may be necessary to instruct an expert to comment on this. This should only be done if there isn t sufficient evidence in the public domain. If medical evidence hasn t previously been submitted it may be necessary to obtain it at this stage for the reasons outlined above. Before the full hearing the matter will be listed for a Case Management Review Hearing. The majority of CMRH s are now done either on paper or on the telephone. They are (sometimes) a useful opportunity to clarify the issues in the case and seek further disclosure. The Hearing As with interviews an individual is entitled to have an interpreter present during the hearing. The standard directions require that the witness statement stands as examination in chief. As a result the scope for examination in chief is somewhat limited and it will often simply be a matter of the individual adopting their witness statement. If the individual is called to give evidence then the Home Office Presenting Officer (HOPO) is entitled to cross-examine her. The purpose of cross-examination is for a party to put its case and give the witness the opportunity comment on it. Law students are trained to cross-examine using closed questions. Very few HOPO s use this technique. Instead most HOPO s simply re-iterate the questions that have already been put to the individual in their interview in the hope that the individual will contradict their earlier account. The individual s representative is given an opportunity to re-examine the individual. However, they are only permitted to ask questions in re-examination which arise out of the evidence given in cross-examination. The Immigration Judge can ask questions at any time, but they usually wait until after the HOPO has finished cross-examination. The Immigration Judge is not permitted to 9 P a g e
10 embark on questioning of an individual aimed at developing his or her own theory of the case. The HOPO will then make their submissions and the individual s representative will respond. The individual s representative will have usually provided the tribunal and the HOPO with a skeleton argument, which outlines the legal argument. THE DETERMINATION The Immigration Judge can allow the appeal on asylum and/or human rights grounds or dismiss the appeal entirely. The appeal can also be allowed to the extent that it is remitted back to the UKBA to make a decision that is in accordance with the law. ONWARD APPEALS If the Immigration Judge has made a material error of law then it is possible to apply for permission to appeal to the Upper Tribunal (Immigration and Asylum Tribunal). An application must first be made to the First Tier tribunal. The application must be made within 5 (in country) or 28 (out of country) days of deemed receipt of the determination. If the FTT refuses permission it must send the parties its reasons. An application can then be made to the UT. If the UT refuses permission then it may be possible to apply for Judicial Review of their decision, but only on very limited grounds. If permission to appeal is granted by either the FTT or the UT then the matter will proceed to an error of law hearing. If a Senior Immigration Judge of the UT finds that there is a material error of law then the matter will be re-heard. 10 P a g e
Key Legal terms: Family Law Issues for Immigrant, Refugee and Non Status Women
Key Legal terms: Family Law Issues for Immigrant, Refugee and Non Status Women Permanent Resident A permanent resident is an immigrant or refugee who has been given the right to live in Canada permanently.
More informationIt is important that you apply for asylum as soon as you enter the UK and that you seek legal advice as soon as possible.
March 2012 English When you apply for asylum in the United Kingdom (UK), you are asking the Home Office to recognise you as a refugee. The definition of a refugee comes from a piece of international law
More informationA GUIDE TO CRIMINAL INJURIES COMPENSATION
A GUIDE TO CRIMINAL INJURIES COMPENSATION Being a victim of crime such as physical or sexual assault can have significant and long-term consequences for a woman s health and wellbeing. If you have experienced
More informationCounty Court Restraining Orders
Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking
More informationFiling a Form I-751 Waiver of the Joint Filing Requirement of the Petition to Remove Conditions on Residence
Filing a Form I-751 Waiver of the Joint Filing Requirement of the Petition to Remove Conditions on Residence Prepared by: Northwest Immigrant Rights Project http://www.nwirp.org 615 Second Avenue, Suite
More informationCRIMINAL LAW & YOUR RIGHTS MARCH 2008
CRIMINAL LAW & YOUR RIGHTS MARCH 2008 1 What are your rights? As a human being and as a citizen you automatically have certain rights. These rights are not a gift from anyone, including the state. In fact,
More informationILPA response to Inquiry into Asylum Support for Children and Young People
ILPA response to Inquiry into Asylum Support for Children and Young People Annexe 1 Caselist The cases below are drawn from ILPA s February 2010 response evidence to the Ministry of Justice consultation
More informationSelf-Help Guide for a Prosecutorial Discretion Request
Self-Help Guide for a Prosecutorial Discretion Request In June 2011, Immigration and Customs Enforcement ( ICE ) announced it would not use its resources to deport people it considers low priority and
More informationCompensation. International framework Marjan Wijers
Compensation International framework Marjan Wijers Why? Legal basis International human rights law ECrtHR, Rantsev vs Russia and Cyprus (2010): trafficking falls within the scope of Art. 4 ECHR without
More informationInformation for victims of crime
This leaflet sets out what you can expect from key service providers as a victim of crime. It also contains information about organisations that you can contact for free advice, practical information or
More informationThe German Asylum procedure
1 The German Asylum procedure Lodging an asylum application - The decision - The consequences of the decision Distribution and accommodation 3 An asylum application can only be filed in Germany at the
More informationResponse by Bristol Refugee Rights to the Home Office consultation on "Reforming support for failed asylum seekers and other illegal migrants"
Response by Bristol Refugee Rights to the Home Office consultation on "Reforming support for failed asylum seekers and other illegal migrants" Bristol Refugee Rights views the Home Office proposals to
More informationADVANCE UNEDITED VERSION
Committee against Torture Forty-fifth session 1-19 November 2010 List of issues prior to the submission of the second periodic report of Qatar (CAT/C/QAT/2) 1 ADVANCE UNEDITED VERSION Specific information
More informationWhat can happen if a permanent resident is convicted of a crime
IMMIGRATION AND REFUGEE FACT SHEET What can happen if a permanent resident is convicted of a crime This fact sheet explains how being convicted of a crime in Canada can affect someone s status as a permanent
More informationGETTING PROBATION APPROVAL FOR YOUR IMMIGRATION BAIL ADDRESS
Factsheet 2 GETTING PROBATION APPROVAL FOR YOUR IMMIGRATION BAIL ADDRESS I m a foreign national ex-offender, I m still on Licence, and I want to apply for immigration bail. What do I need to do? September
More informationThe support you should get if you are a victim of crime
The support you should get if you are a victim of crime This is an EasyRead booklet showing you what to do. About this booklet The Ministry of Justice wrote this information. This is an EasyRead guide
More informationHead 23: Medical examination to determine the age of unaccompanied minor PART 4 - ASSESSMENT OF APPLICATIONS FOR INTERNATIONAL PROTECTION
General Scheme for the drafting of the International Protection Bill ARRANGEMENT OF HEADS PART 1 - PRELIMINARY Head 1: Short title and commencement Head 2: Interpretation Head 3: Regulations Head 4: Expenses
More informationAre you a child who has come to the UK from another country?
Are you a child who has come to the UK from another country? Find out about children s rights in the UK and who can help you Hello If you are a child who s come to the UK from another country, this booklet
More informationWhat is DOMESTIC VIOLENCE?
What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power
More information10 Victims and the law 57
10 Victims and the law 57 10: Victims and the law This section gives a summary of the law in relation to victims of crime. Introduction The court may call a victim as a witness in a criminal case. However,
More informationUpdate to cuts/changes to legal aid for immigration advice:
Update to cuts/changes to legal aid for immigration advice: 1. This note accompanies a discussion at the Ealing Advice Forum on 16 th May at Perceval House, West London concerning the ongoing changes to
More informationRelationship between asylum procedures and extradition procedures
Relationship between asylum procedures and extradition procedures Committee of Experts on the Operation of European Conventions on Co-operation in Criminal Matters (PC-OC) Strasbourg, France 29 May 2013
More informationThe interview in the asylum procedure
The interview in the asylum procedure Advice for asylum seekers in Germany 2 nd edition, 2009 You received this leaflet from: The interview in the asylum procedure Advice for asylum seekers in Germany
More informationCanada s Citizenship and Immigration Laws
Canada s Citizenship and Immigration Laws Glossary Administrative Body A board or commission that regulates and administers laws, for example The Immigration and Refugee Board. The board or commission
More informationInformation for asylum seekers in Sweden
Senast uppdaterad: 2015-09-28 Swedish Migration Agency Information for asylum seekers in Sweden Till dig som söker asyl i Sverige Engelska www.migrationsverket.se 1 Information for asylum seekers in Sweden
More informationKEROSKY PURVES & BOGUE ATTORNEYS AT LAW
SANTA ROSA OFFICE 131 A STONY CIRCLE SUITE 500 SANTA ROSA, CA. 95401 TELEPHONE: (707) 433-2060 ckerosky@youradvocate.net www.youradvocate.net KEROSKY PURVES & BOGUE ATTORNEYS AT LAW AN ASSOCIATION OF ATTORNEYS
More informationTHE BASICS Changing Your Name and Social Security Number in New York State
THE BASICS Changing Your Name and Social Security Number in New York State WHY WOULD I WANT TO CHANGE MY NAME? You can change your name for any reason. Sometimes, when a person has been harassed or abused,
More informationRights of appeal. Version 3.0
Rights of appeal Version 3.0 Guidance on when there is a right of appeal against decisions in immigration cases, including mechanisms to prevent repeat rights of appeal and prevent delay from appeals against
More informationGuidance on health and character
Guidance on health and character Who is this document for?... 2 About the structure of this document... 2 Section 1: Introduction... 4 About us (the HPC)... 4 How we are run... 5 About registration...
More informationModern Slavery Act 2015
Modern Slavery Act 2015 CHAPTER 30 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 14.25 Modern Slavery Act 2015 CHAPTER 30 CONTENTS PART 1
More informationDomestic Violence: Can the Legal System Help Protect Me?
Domestic Violence: Can the Legal System Help Protect Me? What is domestic violence? Domestic violence is a pattern of physically and/or emotionally abusive behavior used to control another person with
More informationHUMANITARIAN AND COMPASSIONATE CLAIMS FOR PERMENENT RESIDENCE
HUMANITARIAN AND COMPASSIONATE CLAIMS FOR PERMENENT RESIDENCE Who can apply? This is an application to get landed status in Canada. It can be used for anyone who is already in Canada and does not have
More informationServices Available for Asylee and Refugee
Services Available for Asylee and Refugee WHAT INFORMATION ARE YOU SEEKING? (PLEASE CHOOSE ONE BELOW) Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Filing for Asylum Asylum
More informationCOUNCIL OF EUROPE COMMITTEE OF MINISTERS
COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims (Adopted by the Committee of Ministers on 14 June 2006 at
More informationInformation for witnesses going to court
Information for witnesses going to court Useful telephone numbers Witness Service...440496 Victim Support...440496 Women s Refuge...08007 356836 (freephone) Citizen s Advice Bureau...08007 350249 (freephone)
More informationNotice to Persons Making a Non-refoulement Claim
Notice to Persons Making a Non-refoulement Claim Purpose This notice gives a brief overview of the screening process and what you can expect while we are considering your non-refoulement claim made under
More informationHOW TO OBTAIN AND POST AN IMMIGRATION BOND: A Guide for Non-Citizens in Detention
HOW TO OBTAIN AND POST AN IMMIGRATION BOND: A Guide for Non-Citizens in Detention January 2011 1 AM I ELIGIBLE FOR A BOND? Figuring out whether or not you are eligible for a bond is a very complicated
More informationIndividual Case Assessment and Identification of a Durable Solution
REFERENCE GUIDE ON PROTECTING THE RIGHTS OF CHILD VICTIMS OF TRAFFICKING IN EUROPE Chapter 10 Individual Case Assessment and Identification of a Durable Solution 10.1 General principles Child victims should
More informationSUMMARY GUIDE FOR EMPLOYERS ON PREVENTING ILLEGAL WORKING IN THE UK. April 2012
SUMMARY GUIDE FOR EMPLOYERS ON PREVENTING ILLEGAL WORKING IN THE UK April 2012 CONTENTS Who should read this guide?...3 Complaints...3 1. Why is preventing illegal working so important?...4 2. What is
More informationCourt-Ordered Mental Health Evaluation and Treatment in Arizona: Rights and Procedures
The Arizona State Hospital The Arizona State Hospital is the only long-term inpatient psychiatric facility in Arizona. Before ordering that you receive treatment at the Arizona State Hospital, the court
More informationRepresenting Yourself. Your Family Law Trial
Representing Yourself at Your Family Law Trial - A Guide - June 2013 REPRESENTING YOURSELF AT YOUR FAMILY LAW TRIAL IN THE ONTARIO COURT OF JUSTICE This is intended to help you represent yourself in a
More informationFEDERAL MAGISTRATES COURT OF AUSTRALIA
FEDERAL MAGISTRATES COURT OF AUSTRALIA SZMJJ v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 1115 MIGRATION Review of decision by Refugee Review Tribunal whether Refugee Review Tribunal s decision affected
More informationPRACTICE DIRECTIONS IMMIGRATION JUDICIAL REVIEW IN THE IMMIGRATION AND ASYLUM CHAMBER OF THE UPPER TRIBUNAL. Contents PART 1 PRELIMINARY PART 2 SCOPE
PRACTICE DIRECTIONS IMMIGRATION JUDICIAL REVIEW IN THE IMMIGRATION AND ASYLUM CHAMBER OF THE UPPER TRIBUNAL Contents PART 1 PRELIMINARY 1. Interpretation 2. Scope PART 2 SCOPE PART 3 GENERAL PROVISIONS
More informationGUIDE 3 RIGHTS AND DUTIES OF ASYLUM SEEKERS AND REFUGEES IN SOUTH AFRICA
GUIDE 3 RIGHTS AND DUTIES OF ASYLUM SEEKERS AND REFUGEES IN SOUTH AFRICA GUIDE 3 1 RIGHTS AND DUTIES OF ASYLUM SEEKERS AND REFUGEES IN SOUTH AFRICA 1.1 Do asylum seekers and refugees have the right to
More informationRESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant
RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining
More informationI WAS ARRESTED BY THE POLICE AND I BELIEVE THEY WILL TURN ME OVER TO IMMIGRATION. I WAS ARRESTED BY IMMIGRATION.
I AM IN IMMIGRATION DETENTION W HAT I WAS ARRESTED BY THE POLICE AND I BELIEVE THEY WILL TURN ME OVER TO IMMIGRATION. ARE MY RIGHTS? I WAS ARRESTED BY IMMIGRATION. You have a right NOT to sign any statements
More informationChild Abuse, Child Neglect. What Parents Should Know If They Are Investigated
Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the
More informationFiling a Form I-360 Self-Petition under the Violence Against Women Act
Filing a Form I-360 Self-Petition under the Violence Against Women Act Prepared by: Northwest Immigrant Rights Project http://www.nwirp.org 615 Second Avenue, Suite 400 Seattle, Washington 98104 (206)
More informationThe Immigration (European Economic Area) Regulations 2006
STATUTORY INSTRUMENTS 2006 No. 1003 IMMIGRATION The Immigration (European Economic Area) Regulations 2006 Made - - - - - 30th March 2006 Laid before Parliament 4th April 2006 Coming into force - - 30th
More informationInformation for registrants. What happens if a concern is raised about me?
Information for registrants What happens if a concern is raised about me? Contents About this brochure 1 What is fitness to practise? 1 What can I expect from you? 3 How are fitness to practise concerns
More informationREPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS
REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS If you are experiencing or have experienced domestic volence and/or sexual violence there are a number of ways the law can protect
More informationAssisting Immigrant Victims of Domestic Violence
Assisting Immigrant Victims of Domestic Violence ADVOCATE S GUIDE This project was supported by Grant No. 1997-WT-VX-K006 awarded by the Office on Violence Against Women, U.S. Department of Justice. Points
More informationASYLUM SCREENING INTERVIEW AND BIOMETRIC RESIDENCE PERMIT APPLICATION
HO Reference: Port Reference: ASYLUM SCREENING INTERVIEW AND BIOMETRIC RESIDENCE PERMIT APPLICATION STAGE ONE INTRODUCTION Date/Time/Location of Screening: Are you fit and well and ready to be interviewed?
More informationChapter 10: Records, Fingerprints, Photos, DNA. Part 1: Understanding Records
Note: As of October 23, 2015 Questions 5 and 12 of this chapter is still being edited. For updated information, please consult: http://jfcy.org/en/rights/criminal-youth-criminal-justice-act/ Chapter 10:
More informationDomestic Violence and Protective Orders
Domestic Violence and Protective Orders Domestic violence (also called family violence) is a pattern of behavior and a method of control which results in physical injury or places one in reasonable apprehension
More informationPersonal Safety Intervention Orders
Personal Safety Intervention Orders A guide to resolving disputes and protecting your safety. This booklet is about personal safety intervention orders, which can help protect you from threats and violence
More informationThe Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 - Evidence Requirements for Private Family Law Matters
The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 - Evidence Requirements for Private Family Law Matters Version Issue date Last review date Owned by 3 April 2013 22 nd April 2014
More informationQueensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000
Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................
More informationAbusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2]
Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 ABUSIVE BEHAVIOUR Abusive behaviour towards partner or ex-partner 1 Aggravation of offence where abuse
More informationThe Common European asylum system overview of EU s legal framework. Sofia Pinto Oliveira Bucharest 11 th September 2012
The Common European asylum system overview of EU s legal framework Sofia Pinto Oliveira Bucharest 11 th September 2012 I. Where do we come from? II. Where are we? 1986 Schengen Agreement Abolition of internal
More informationWITNESSES AT TRIAL. Case: Doorson v Netherlands. ECHR Article: Article 6 The Right to a Fair Trial Project group: University of Glasgow
Case: Doorson v Netherlands WITNESSES AT TRIAL ECHR Article: Article 6 The Right to a Fair Trial Project group: University of Glasgow A LANDMARK DECISION A.0 RATIONALE: WHY THIS ARTICLE? WHY THIS JUDGMENT?
More informationMaking a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you
Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement
More informationTHE AFRICAN COMMISSION HUMAN AND PEOPLES' RIGHTS INFORMATION SHEET NO.2 GUIDELINES FOR THE SUBMISSION OF COMMUNICATIONS ORGANISATION OF AFRICAN UNITY
THE AFRICAN COMMISSION HUMAN AND PEOPLES' RIGHTS INFORMATION SHEET NO.2 GUIDELINES FOR THE SUBMISSION OF COMMUNICATIONS ORGANISATION OF AFRICAN UNITY This Information Sheet is published by the Secretariat
More informationRefugee Council and Refugee Action joint response to:
Refugee Council and Refugee Action joint response to: Consultation on the Proposed Amendments to the General Civil Contract (Solicitors) and General Civil Contract (NfP) Relating to Immigration and Asylum
More informationAsylum Advice Post Decisions Refusal
Asylum Advice Post Decisions Refusal Asylum Advice - part of the Migrant Help organisation Section 4B: Post Decisions - Refusal This section explains what happens if your application is refused. If you
More informationUnderstanding Nebraska's Protection Orders
Understanding Nebraska's Protection Orders A guide for victims, law enforcement and service providers. What is a Protection Order? A protection order is a special type of order issued by a Judge which
More informationHow to write a letter to request Ministerial Intervention under Section 417 and Section 48B of the Migration Act
Refugee Advice and Casework Service A. Level 12, 173-175 Phillip Street Sydney NSW 2000 P. [02] 9114-1600 F. [02] 9114-1794 E. admin@racs.org.au W. www.racs.org.au How to write a letter to request Ministerial
More informationWhen Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases
Chapter 13 Evictions Legal Tactics: Tenants Rights in Massachusetts Seventh Edition, Revised May 2014 When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases When Is Eviction Illegal...
More informationCHARGED with a CRIME What YOU
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific
More informationRestitution Basics for Victims of Crimes by Adults
Restitution Basics for Victims of Crimes by Adults If you are the victim of a crime, you have a right to be repaid for losses that resulted from the crime. This booklet will help you understand: How to
More informationEuropean Court of Human Rights. Questions & Answers
European Court of Human Rights Questions & Answers Questions & Answers What is the European Court of Human Rights? These questions and answers have been prepared by the Registry of the Court. The document
More informationChild Abuse, Child Neglect:
Child Abuse, Child Neglect: What Out of Home Caregivers Should Know if They Are Investigated Written by South Carolina Appleseed Legal Justice Center With editing and assistance from the Children s Law
More informationYOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation
More informationLaw of Georgia. on Refugee and Humanitarian Status
[Unofficial English translation] Webpage, 111220009, 20/12/2011 Registration Code 010170000.05.001.016513 Law of Georgia on Refugee and Humanitarian Status This law is based on the Constitution of Georgia,
More informationPrison Law Team. Leading prison lawyers. We re and we believe everyone has the right to justice and for their voice to be heard.
We re and we believe everyone has the right to justice and for their voice to be heard. Prison Law Team Leading prison lawyers The firm has a burgeoning prison practice and has been handling an increasing
More informationCHUKS NWAWULOR EBONKA. and THE MINISTER OF CITIZENSHIP AND IMMIGRATION REASONS FOR JUDGMENT AND JUDGMENT
Date: 20090127 Docket: IMM-2758-08 Citation: 2009 FC 80 Ottawa, Ontario, January 27, 2009 PRESENT: The Honourable Mr. Justice Kelen BETWEEN: CHUKS NWAWULOR EBONKA Applicant and THE MINISTER OF CITIZENSHIP
More informationHuman Rights. Resource Pack
1 Human Rights Resource Pack 2 What s in this pack? Sections Pages Important Notes Page 3 What s it all about? Page 4 Why the Human Rights Act? Page 6 Who we are and what we do Page 9 What are human rights?
More informationRule 60A - Child and Adult Protection
Rule 60A - Child and Adult Protection Scope of Rule 60A 60A.01(1) This Rule is divided into four parts and it provides procedure for each of the following: (c) (d) protection of a child, and other purposes,
More informationdoubles in size during the summer internship season. Through research, education, and
Ryan Schultheis The Advocates for Human Rights Minneapolis, MN Summer 2014 Interns are highly valued at the Advocates for Human Rights. In fact, the office doubles in size during the summer internship
More informationAN INTRODUCTION TO HONG KONG BILL OF RIGHTS ORDINANCE
AN INTRODUCTION TO HONG KONG BILL OF RIGHTS ORDINANCE The Hong Kong Bill of Rights Ordinance (the Ordinance) at the Annex was enacted on 6 June 1991 and came into operation on 8 June 1991. This booklet
More informationA GUIDE TO FAMILY LAW LEGAL AID
A GUIDE TO FAMILY LAW LEGAL AID Important new rules in relation to legal aid were introduced on 1 April 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This legal guide
More informationBeing a witness in a criminal trial
Being a witness in a criminal trial If you have been the victim of an offence, or a witness to that offence, you may be asked to make a formal statement. The judge who hears the case can use your statement
More informationA U.S. IMMIGRATION LAW FIRM. Immigration Law Overview
A U.S. IMMIGRATION LAW FIRM Immigration Law Overview Deportation and Removal Proceedings Immigrants face removal from the United States if they are charged with a crime or are caught living or working
More informationRestitution Basics for Victims of Offenses by Juveniles
Restitution Basics for Victims of Offenses by Juveniles If you are the victim of an offense committed by a youth under the age of 18, you have a right to be repaid for losses that resulted from the offense.
More informationRights for Individuals in Mental Health Facilities
HANDBOOK Rights for Individuals in Mental Health Facilities Admitted Under the Lanterman-Petris-Short Act C A L I F O R N I A D E P A R T M E N T O F Mental Health How to Reach Your Patients Rights Advocate
More informationSeeking Protection from Domestic Violence in New York s. Information for Immigrant Victims with Limited English Proficiency
Seeking Protection from Domestic Violence in New York s Family Court: Information for Immigrant Victims with Limited English Proficiency What is domestic violence? If your current or former intimate partner
More information1. This note accompanies a presentation to and discussion with staff of The Children s Society at Leeds on 8 th September.
Legal issues in working with young refugees: 1. This note accompanies a presentation to and discussion with staff of The Children s Society at Leeds on 8 th September. 2. For the purposes of this note,
More informationCommunity Legal Information Association of PEI, Inc. Sexual Assault
Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is
More informationDecades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now
Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be
More informationApplication for a personal injury award following a period of abuse (physical and/or sexual) (EU use only)
Criminal Injuries Compensation Authority Alexander Bain House Atlantic Quay 15 York Street Glasgow G2 8JQ Telephone 0300 003 3601 Telephone (from outside the UK): +44(0)203 684 2517 For office use only
More informationBail in Rape Cases. CONFERENCE ROOM 3 o clock. I need to take this phone call. I will return in a few minutes. AT THE SAME TIME...
Bail in Rape Cases CONFERENCE ROOM 3 o clock I need to take this phone call. I will return in a few minutes. A FEW MINUTES LATER... AT THE SAME TIME... LATER THAT DAY... You have been arrested on suspicion
More informationVictims of Crime. information leaflet. Working together for a safer Scotland
Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support
More informationFACT SHEET: A summary of the rights under the Convention on the Rights of the Child
FACT SHEET: A summary of the rights under the Convention on the Rights of the Child Article 1 (Definition of the child): The Convention defines a 'child' as a person below the age of 18, unless the laws
More informationInvestigating Child Abuse and Neglect Fact Sheet
Investigating Child Abuse and Neglect Fact Sheet Our Legal Responsibilities When Butler County Children Services receives a report saying a child has been abused or neglected, the law requires us to: Find
More informationWhat is the "Code Of Service Discipline"?
This booklet has been designed to provide general information on disciplinary proceedings under the Code of Service Discipline, focusing on the rights and entitlements of CF members under the Canadian
More informationGuide to compensation claims against the police
Tel: 020 8492 2290 I N C O R P O R A T I N G D O N A L D G A L B R A I T H & C O Guide to compensation claims against the police This guide is designed to provide a general overview to bringing compensation
More informationUniversal Declaration of Human Rights
Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice
More informationA Common European Asylum System. Home Affairs
A Common European Asylum System Home Affairs Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information
More informationCriminal Injuries Compensation: Your rights
Criminal Injuries Compensation: Your rights A brief leaflet summarising the 2012 Scheme. Includes information about how LSA can help. www.lsa.org.uk Freephone: 0800 315 8450 About this leaflet If you
More information