EIN index terms glossary by category
This is a listing of all EIN index terms grouped by category (you can view an alphabetical listing of index terms here). You can click on any index term to search by that term (the figure in brackets is the number of items that have been indexed with the term).
The links below allow you to jump straight to any of the index terms categories.
COUNTRIES | EUROPEAN UNION LAW | EVIDENCE | EXECUTIVE/ADMIN PROCESS | HUMAN RIGHTS LAW | IMMIGRATION LAW | JUDICIAL PROCESS | LEGAL PERSON/CAPACITIES | LEGISLATION | REFUGEE LAW | RISK | SOCIAL/POLITICAL GROUPS | SUPPORT/WELFARE IN THE UK
COUNTRIES
EUROPEAN UNION LAW
EEC Association Agreement with Turkey (Sept 1980) developing the 1963 'Ankara Agreement'
The 'Reception Directive' - on minimum standards for asylum-seekers
The 'Citizens Directive' on freedom of movement. See also index search terms for IMMIGRATION (EEA) REGULATIONS 2006
The 'Refugee Qualification Directive' (RQD)on 'minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection'; see also index term 'Refugee Def
Specifying the right to family reunification by third country nationals residing lawfully in the territory of EU States.
the Convention which regulates the determination as to which European Union member States will be responsible for assessing an asylum claim
implementing the EU Asylum Procedures Directive
general educational courses pursuant to Article 12 of Council Regulation 1612/68
EU policy on managed migration, border controls, regional protection zones etc
Recognition of qualifications across Member States (under Directives 89/48/EEC, 92/51/EEC and 2001/19/EC)
qualified person as described in the Immigration (EEA) Order 1994
EVIDENCE
EXECUTIVE/ADMIN PROCESS
proceedings brought against persons for immigration offences
UKBA guidance on immigration enforcement
ECIs - Home Office guidance on applications under the Free Movement Directive - 2004/38/EC
See also 'Points Based Applications'
the Asylum Directorate and Immigration Directorate of the Home Office maintain certain instructions relevant to the manner in which they transact their business.
the Secretary of State articulates policies that cover circumstances not dealt with by the immigration rules.
(Index search terms for the Immigration Rules and related materials - work in progress. But see also index search terms under 'Immigration Rules, Construction of' - in the Judical Process Category of index serch terms )
Relating to the duty to share or disclose information especially for security purposes
representations by the authorities to act in a particular fashion may give rise to a legitimate expectation that there will be no deviation from such assurances.
Inter-governmental agreement on the treatment of returnees eg terrorist suspects
Reconsideration of a decision by the relevant decision maker
such as powers to arrest and detain. See also Secretary of State' under 'Legal persons' and 'Judicial process' categories of index terms
HUMAN RIGHTS LAW
adequacy or otherwise of enquiries into allegations of breach
decisions said to interfere with limited rights under the ECHR have to besides being proportionate, pursue a legitimate aim, such as the prevention of disorder or crime, in order to be permissible
ECtHR recognition that national authorities are in the first instance best placed to decide how the Convention rights should be measured/upheld within their jurisdiction.
the margin of discretion enjoyed by the executive of a country before a response can be demonstrated to infringe the Convention
applications on human rights grounds predicated on the greater availability of medical treatment in the UK
under Article 1 of Protocol 1 of the ECHR, every natural or legal person is entitled to the peaceful enjoyment of his possessions
the right to respect for private life includes a right to respect for one's 'physical and moral integrity'
the requirement that interference with limited rights be proportionate to the legitimate end sought to be achieved
One exception to the right to liberty is with respect to the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country
IMMIGRATION LAW
the immigration rules do not cover all circumstances in which an application to enter or remain in the UK might be made. Some of these scenarios might be dealt with by policies of the Secretary of State "outside the rules".
there are agreements between the European Union and certain third party states regarding the treatment of the latter's nationals
assurances are sometimes sought, from sponsors or applicants, for example that certain arrangements will continue or that there will be no recourse to public funds
it is a requirement of the immigration rules that students attend a certain level of classes.
one type of policy occasionally given effect by the Secretary of State is that which addresses long term outstanding applications for admission to the UK
failures, and the consequences thereof, to observe conditions attached to leave
applications from overseas have to be made from posts designated for the purpose by the Secretary of State
legislation places liability on those who carry persons requiring leave to enter the UK who do not possess valid travel documents
certificates issues by the British government to demonstrate possession of the right of abode
various, as issued by SSHD such as under s 72(4), 72(9)(b) NIA Act 2002
the effect of a change of employment on decisions regarding leave to remain
under the rules, settlement to join certain relatives will be granted only where there are no close relatives to turn to in the applicant's own country
the effect of cohabitation on determination of the issue of intention to live together permanently
the rules regarding settlement in the UK require certain periods of continuous residence to be established
agreements to ensure that workers who are nationals of certain countries in lawful employment were not disadvantaged or discriminated against in respect of working conditions, remuneration and social security entitlements
the Secretary of State has sometimes held a power to curtail leave to enter or remain
the principles which dictate which country's laws govern personal transactions
the human rights appeal given by section 65 of the IAA 1999 arises with respect to decisions taken "relating to that person's entitlement to enter or remain in the United Kingdom"
guidance on the grounds on which entry clearance should normally be refused
persons wishing to join dependants in the UK may have to satisft the requirement to be living outside the United Kingdom in the most exceptional compassionate circumstances
some person's citizenship status exempts them from liability to deportation
the term often used by the European Court of Human Rights to describe removal from a territory
the delivery by one State to another of a person who is accused of committing crimes in the other
entitlement to remain in UK on the basis of other family members
the Secetary of State will normally permit persons to remain in the UK if they have established a period of residence of 14 years
cases where the courts recommend that the best manner of proceeding with the putative immigrant's wish to enter the country is to make a fresh application
students (or would be students) may apply for variation of their leave for the purpose of further study
questions over the identity of an individual and how to resolve them
legibility of the stamp granting leave to an immigrant may have an impact on the terms of that leave
the extent to which such income can support a principal's application
availability of income support in the UK to putative immigrants/asylum seekers
income support in the context of maintenance requirements
evidence of devotion in a marriage between the parties whilst apart (relevant to an intention to live together permanently as husband and wife)
the immigration rules make the non-disclosure/false representations of material facts for the purpose of obtaining a visa grounds for refusal of leave
applications for entry clearance are treated as lapsed by the Entry Clearance Officer in certain circumstances
the requirement that long stay in the UK be pursuant to existing leave to enter or remain or an exemption from immigration control
decisions on the grant and refusal of leave to remain in the UK
a historical form of entry clearance granted by the Home Office
writers, composers and artists must establish this characteristic of their work has led to its publication
persons wishing to achieve settlement in the UK as a dependant relative may have to establish that they are "living alone in the most exceptional circumstances"
the Secretary of State operates certain policies that benefit persons who have been present in the UK for long periods. (Long residence also has a resonance in unrestricted deportation proceedings)
applications under the immigration rules for medical treatment in the UK
consequences of the giving of a notice of intention to deport, such as the subsequent power to detain
the settlement provisions of the rules often make reference to periods of ordinary residence
the student rules refer to courses involving minimal periods of organised daytime study
working in breach of a condition of leave to enter or remain to the contrary
the Professional and Linguistic Assessment Board Test for doctors, for which the concession outside of the Rules is now incorporated under HC 346, Feb 2005
the impact on removal powers of potentially becoming a UK citizen
section 33(5) Immigration Act 1971 provides that "This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative."
that there be no recourse to public funds is a standard requirement of many immigration rules
grounds for deportation, as with 'public interest' or 'public policy' notwithstanding an enforceable European Community right of residence
disputes as to the country of proper removal;see also, index term 'destination'
the means by which persons are removed from the UK; appeals against validity of such
persons possessing this have the right to come and go without let or hindrance
students need to show evidence of satisfactory progree in courses of study includinig the taking and passing of any relevant examinations
this Convention aimed to establish a single external border and free movement within the Member States
part of the Home Office policy that has been articulated to children is that it will not normally be appropriate to proceed with deportation or removal in cases where there are children who have lived here for seven years
in the sense of one parent being present and settled in the UK or being admitted on the same occasion for settlement who has had sole responsibility for the child's upbringing
given to certain holders of British passports who are not British citizens but are not eligible for a special voucher to enter the UK
persons liable to examination or removal may receive temporary admission to the UK
the Secretary of State has a policy that indefinite leave to remain will normally be given to persons having completed ten years of lawful residence in the UK
the manner in which persons without other documentation entitling them to travel abroad leave the UK
there is a concession regarding the entry of children under the age of 12 to join a single parent in the UK
circumstances where the putative immigrant may be faced with taking steps, or having steps forced upon them, that might be thought unreasonable, as might be the case in sending someone abroad to go through the formalities of making a return to the UK
implications for immigration control of wardship orders made in the family jurisdiction
some immigration rules require that the immigrant establish that they are wholly or mainly dependent on the relative present and settled in the UK
JUDICIAL PROCESS
for numerous reasons, the Tribunal may, notwithstanding absence,see fit to determine an application without a hearing
eg. representatives raising points late, administrative steps which are plainly inappropriate - eg reversing decisions without good reason
judicial guidance upon the circumstances in which an adjournment should be granted and the manner in which an application should be made
some immigration decisions attract a right of appeal exercisable only from abroad
Note that as from 15 February 2010,Immigration and Asylum Chambers were established replacing the existing AIT. The Upper Tribunal (Immigration and Asylum Chamber) and the First-tier Tribunal (Immigration and Asylum Chamber).
it is a requirement of the immigration rules that students attend a certain level of classes.
the jurisdiction of the Appellate Authority and higher courts to grant bail, and factors relevant to the exercise of discretion as to whether bail should be granted
challenges to the impartiality of the Appellate Authority, usually on grounds that an issue has been prejudged
the impact of care proceedings on human rights issues and/or the immigration appeal process
as an alternative to a personal appearance at a hearing, claimant may submit a fully completed, dated and signed Certificate of Readiness
SSHD power to certify appeals with restricted appeal rights if eg viewed as clearly unfounded
as the present Procedure Rules make clear, it is important that the authorities are kept appraised of the presently instructed representative
under consecutive versions of the Procedure Rules, where in the case of two or more appeals it appears to the appellate authority that some common question of law or fact arises in both or all of them, they relate to decisions or action taken in resp
judicial comment upon the conduct of appellants in the prosecution of their appeals
the Appellate Authority enjoys a general power to regulate its own proceedings.
representatives for immigrants may make concessions in the course of a case (for example, that there is no Refugee Convention "reason" present)
the Secretary of State undertakes to give confidential consideration to all asylum claims.
respondents wishing to contest findings by the Tribunal by lodging a cross appeal.
while the Appellate Authority has no power to award damages, the higher courts possess such powers, and the courts occasionally issue judgments regarding the possibility of how the same might be obtained
questions of evidence and jurisdiction to hear evidence only available as at the date of decision
it is occasionally the case that fresh authorities will arise between the hearing of an appeal and the promulgation of the determination.
Withdrawal of decision, deemed - the Appellate Authority sometimes deems a decision of the Secretary of State to be withdrawn
challenges are sometimes made seeking to defer removal of one person on account of the resolution of the immigration situation of others
judicial decisions on the moment that an application can be said to have been determined
determination of an appeal without an oral hearing.
the same issues regarding the appellant may have been determined in previous proceedings.
whilst there is no formal power of discovery in the Appellate Authority, it has certain powers to order further particulars
whilst there is no formal power of discovery in the Appellate Authority, it has certain powers to order further particulars
the principle of justice that, with regard to ensuring a fair trial of issues, seeks to ensure that the parties are on an equal footing
domestic remedies have to be exhausted before the jurisdiction of the ECtHR is sought.
this principle stresses the need for parties to put their case fully at the first opportunity.
the role of an adjudicator includes the making of findings of fact upon the evidence in the case, at least where it is disputed. These cases give guidance on the extent of that duty.
An independent Tribunal dealing with appeals againstdecisions made by the Home Secretary and his officials in immigration,asylum and nationality matters.
Some consideration of future events is permissible within the assessment of the fulfilment of the maintenance and accommodation requirements of the immigration rules
The addition of, or variation of, grounds of appeal to an Adjudicator
the judiciary sometimes gives guidance to adjudicators (which would be equally applicable to the IAT determining a case as if it was a first instance tribunal) as to how they might deal with a particular situation: non-compliance, the permissibility
the judiciary sometimes give guidance to representatives as to the manner in which they should conduct their cases.
the challenge to the legality of a person's detention can be made by way of judicial review or by way of Habeas Corpus
Cases regarding the date that an appeal is listed, including the bringing forward of a hearing date.
the Asylum Directorate and Immigration Directorate of the Home Office maintain certain instructions relevant to the manner in which they transact their business.
the Secretary of State articulates policies that cover circumstances not dealt with by the immigration rules.
it is not unknown for a person to be removed by the UK authorities when the law does not entitle such a step to be taken.
Forms making applications for entry on immigration grounds are not always filled in completely
the IAT sits in various combinations of legal members and lay members.
appeal grounds limited to 'accordance with the law' or limited only to the grounds on which permission was given rather than constituting a review of the merits
eg whether a procedural rules is obligatory as against directory or discretionary/optional rules. But see, eg ex p. Ravichandaran in Ct of Appeal
the interpretation of, to uphold or not, the SSHD certificates of 'manifestly unfounded' applications
the Medical Foundation for the Care of Victims of Torture- selected references to and interventions by.
the approach to cases/evidence where the applicant is suffering from mental illness ( See also 'trauma' for PTSD and also 'Suicide Risk' cases
dealing with appeals on more than asylum grounds, against the same decision, in the same proceedings
the Appellate Authority has a power to determine appeals without a hearing, presently under rule 41 of the Procedure Rules 2000. These cases comment on the use of that power.
the Secretary of State has a power, still (at mid-July 2002) under rule 340 of HC395, to refuse an asylum application not for reasons of the appellant's substantive entitlement to the protection of a Convention, but rather on account of "A failure, w
following Abdi in the Court of Appeal, a wide jurisdiction to consider whether the decision appealed against was or was not "in accordance with the law"
Discussion of the content of notices of appeal (eg whether there is sufficient identification of appellant, compliance with formalities).
guidance on the required contents of Notices of hearing, and the approach adjudicators should take to ensure they have been properly served, before acting on a presumption that they have been so served.
The IAA 1999 requires decision-makers to serve a notice inviting submission of all/any additional grounds against an immigration decision.
applications for extensions made after the expiry of leave of limited leave
one category of certification applies to persons required to produce a passport and who fail to do so without reasonable explanation for the failure
judicial comment on the precedent value of a decision from the Administrative (or High) Court giving (or refusing) leave (or permission) to move for judicial review.
Decisions of, and references to, The Proscribed Organisations Appeals Commission
certain appeals against deportation are described as being capable of success only if they establish that there is no power in law to make the decision impugned, rather than constituting a review of the merits of the decision
a term historically applied to what are presently known as "First Hearings"
the duty of adjudicators and the Tribunal to follow decisions of higher courts and to give reasons for departing from decisions which are persuasive if not binding (including guidance on questions of fact as well as legal precedents)
to be considered at the outset of a hearing, such as the right to appeal itself, or requirements of appeal procedure rules
some kinds of application for leave to enter or remain, or for leave to appeal, have to be using the form prescribed for the purpose
identification of rights of appeal predicated upon a point of law.
legislation empowers the Secretary of State to certify an appeal where the appellant was required by an immigration officer to produce a valid passport and failed to do so without giving a reasonable explanation for the failure.
adjudicators have historically made recommendations to the Secretary of State regarding matters beyond their appellate jurisdiction.
the Appellate Authority keeps a "note or record" (the phrase in the present Procedure Rules (Rule 22) of proceedings before it, which serves to record the evidence, procedure and submissions before it.
may have consequences for positive evidence as to the date of delivery of notices etc
the immigration rules set out that the making of false representations for the purpose of obtaining a visa (as well as non-disclosure of material facts) grounds on which leave to enter may be refused.
a practice has grown up in the Appellate Authority of repromulgating determinations where some defect in the original issuing of the judicial decision has made the original promulgation invalid.
the notion that one judicial decision may bind subsequent ones as to the issues between the parties to the dispute in later proceedings
there have been occasions where the Appellate Authority has sought to rescind its own determinations
Some appeals to the Appellate Authority (eg appeals on Refugee Convention grounds, and probably on human rights grounds) are restricted, so that the general principles of administrative law are not within the jurisdiction of the Appellate Authority.
Points of principle regarding the conduct of, and bringing of, appeals on behalf of any of the Governmental decision makers (Home Office, Entry Clearance Officers, and the Immigration Service).
proceedings directly against the Secretary of State, eg for damages, as opposed to challenges outside the Appellate Authority to substantive decisions regarding immigration status by way of judicial review
the Secretary of State possessed (prior to the coming into effect of the 1999 Act) a power to refer any matter whatsoever back to the Appellate Authority, pursuant to section 21 of the Immigration Act 1971.
Decisions of, and references to, The Special Immigration Appeals Commission
a rule dealing with administrative slips by the Appellate Authority
between the coming into force of the 1993 Asylum and Immigration Appeals Act and that of the 1999 Act, Special Adjudicators were those appointed for the purpose of hearing asylum appeals
some appeals are heard by a tribunal consisting of the President and two legally-qualified members. They must therefore be followed by all tribunals and will be regarded as binding upon all adjudicators. They are said to settle the particular points
replacing the appellate jurisdiction of the House of Lords in UK
the practice (though a rule of thumb rather than of law) of the Tribunal is to remit an appeal where this period prevails between the hearing of oral evidence and the finalisation of the determination.
the provisions which govern the coming into effect of parts of a statute
the divisions of the Tribunal sit in various combinations of numbers and judicial and lay personnel.
A superior court of record dealing with appeals againstdecisions made by the First-tier Tribunal (Immigration and AsylumChamber)
successive immigration legislation has permitted an appeal against variation of leave to remain.
circumstances in which a matter giving rise to procedural unfairness can be waived by its acceptance by a party
there are circumstances in which a professional representative may be forced to withdraw from a hearing.
LEGAL PERSON/CAPACITIES
persons wishing to establish themselves in business under the immigration rules.
Legal recognition of, and consequences for, same-sex 'couples'
members of the crews of ships and aircraft are given special treatment in the immigration system
the immigration rules deal with applications by persons wholly or mainly dependant on UK resident relatives
persons wishing to enter as students but without having yet been accepted on a course
LEGISLATION
Community Legal Service Regulations, general, and specific to immigration appeals, incl related caselaw
notice
REFUGEE LAW
the effect of formal applications for nationality and citizenship on the determination of that issue
the country in which stateless persons must establish a well founded fear of persecution to gain Refugee Convention protection
the Hague Conventions of 1899 and 1907, part of the laws of war
the responsibility of a particular state to determine an asylum claim
countries of origin with respect to which there is a presumption as to their safety
a crime the commission of which might exclude a person from the protection of the Refugee Convention for reasons of its non-political nature
the principle that protection of the international community is a surrogate for that of the country of nationality or habitual residence
applications to enhance the status of leave already granted See eg S. 69(3) of the Immigration Act 1999 for 'upgrades' to refugee status
The effect of voluntary return to country of origin, as distinct from involuntary or forced return
RISK
the possession, or not, of documents granting permission to depart a territory
the risk incurred by, and the issue of 'self-denial' of conduct/identity to avoid that risk.
SOCIAL/POLITICAL GROUPS
SUPPORT/WELFARE IN THE UK
duties of assistance under the Children (Leaving Care) Act 2000