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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

COUNTRIES » ALBANIA (2156)
COUNTRIES » ALGERIA (2460)
COUNTRIES » ANGOLA (1565)
COUNTRIES » ARMENIA (2091)
COUNTRIES » BAHRAIN (1438)
COUNTRIES » BELARUS (2874)
COUNTRIES » BELIZE (151)
COUNTRIES » BENIN (390)
COUNTRIES » BHUTAN (286)
COUNTRIES » BOLIVIA (663)
COUNTRIES » BRAZIL (1129)
COUNTRIES » BURUNDI (2563)
COUNTRIES » CAMBODIA (2181)
COUNTRIES » CAMEROON (2175)
COUNTRIES » CHAD (1201)
COUNTRIES » CHECHNYA (2775)
COUNTRIES » CHINA (6604)
COUNTRIES » COLOMBIA (3111)
COUNTRIES » CROATIA (1084)
COUNTRIES » CUBA (1215)
COUNTRIES » CYPRUS (584)
COUNTRIES » ECUADOR (1196)
COUNTRIES » EGYPT (4292)
COUNTRIES » ERITREA (2092)
COUNTRIES » ETHIOPIA (3272)
COUNTRIES » FIJI (269)
COUNTRIES » FRANCE (25)
COUNTRIES » GABON (320)
COUNTRIES » GAMBIA (1204)
COUNTRIES » GEORGIA (3298)
COUNTRIES » GHANA (1242)
COUNTRIES » GREECE (290)
COUNTRIES » GUINEA (1385)
COUNTRIES » GUYANA (206)
COUNTRIES » HAITI (1529)
COUNTRIES » INDIA (5786)
COUNTRIES » INDONESIA (1450)
COUNTRIES » IRAN (6834)
COUNTRIES » IRAQ (7430)
COUNTRIES » ISRAEL (1545)
COUNTRIES » ITALY (52)
COUNTRIES » JAMAICA (1335)
COUNTRIES » JORDAN (1075)
COUNTRIES » KASHMIR (912)
COUNTRIES » KENYA (3692)
COUNTRIES » KOSOVO (3362)
COUNTRIES » KUWAIT (907)
COUNTRIES » LAOS (568)
COUNTRIES » LATVIA (23)
COUNTRIES » LEBANON (3155)
COUNTRIES » LIBERIA (2106)
COUNTRIES » LIBYA (3582)
COUNTRIES » MACEDONIA (1378)
COUNTRIES » MALAWI (1274)
COUNTRIES » MALAYSIA (1269)
COUNTRIES » MALI (1475)
COUNTRIES » MALTA (11)
COUNTRIES » MEXICO (585)
COUNTRIES » MOLDOVA (1590)
COUNTRIES » MOROCCO (1979)
COUNTRIES » MYANMAR (4633)
COUNTRIES » NAMIBIA (266)
COUNTRIES » NEPAL (3597)
COUNTRIES » NIGER (827)
COUNTRIES » NIGERIA (4772)
COUNTRIES » OMAN (339)
COUNTRIES » PAKISTAN (6541)
COUNTRIES » PERU (1039)
COUNTRIES » POLAND (102)
COUNTRIES » QATAR (176)
COUNTRIES » ROMANIA (1062)
COUNTRIES » RUSSIA (6948)
COUNTRIES » RWANDA (1767)
COUNTRIES » SENEGAL (614)
COUNTRIES » SERBIA (2300)
COUNTRIES » SOMALIA (5490)
COUNTRIES » SPAIN (17)
COUNTRIES » SRI LANKA (6251)
COUNTRIES » SUDAN (5837)
COUNTRIES » SWEDEN (12)
COUNTRIES » SYRIA (4684)
COUNTRIES » TANZANIA (1137)
COUNTRIES » THAILAND (1762)
COUNTRIES » TOGO (709)
COUNTRIES » TRNC (20)
COUNTRIES » TUNISIA (1812)
COUNTRIES » TURKEY (6248)
COUNTRIES » UGANDA (3451)
COUNTRIES » UKRAINE (3586)
COUNTRIES » USA (26)
COUNTRIES » VENEZUELA (1554)
COUNTRIES » VIETNAM (2681)
COUNTRIES » YEMEN (3395)
COUNTRIES » ZAMBIA (912)
COUNTRIES » ZIMBABWE (5953)

EUROPEAN UNION LAW

EUROPEAN UNION LAW » DECISION 1/80 (33)

EEC Association Agreement with Turkey (Sept 1980) developing the 1963 'Ankara Agreement'

EUROPEAN UNION LAW » DIRECTIVE 2003/9/EC (48)

The 'Reception Directive' - on minimum standards for asylum-seekers

EUROPEAN UNION LAW » DIRECTIVE 2004/38/EC (240)

The 'Citizens Directive' on freedom of movement. See also index search terms for IMMIGRATION (EEA) REGULATIONS 2006

EUROPEAN UNION LAW » DIRECTIVE 2004/83/EC (140)

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

EUROPEAN UNION LAW » DIRECTIVE 2004/86/EC (6)

Specifying the right to family reunification by third country nationals residing lawfully in the territory of EU States.

EUROPEAN UNION LAW » DIRECTIVE 2005/85/EC (60)

The 'Asylum Procedures' Directive

EUROPEAN UNION LAW » DUBLIN CONVENTION (52)

the Convention which regulates the determination as to which European Union member States will be responsible for assessing an asylum claim

EUROPEAN UNION LAW » EUROPEAN COMMON LIST OF SAFE COUNTRIES OF ORIGIN (3)

implementing the EU Asylum Procedures Directive

EUROPEAN UNION LAW » GENERAL EDUCATION COURSE (3)

general educational courses pursuant to Article 12 of Council Regulation 1612/68

EUROPEAN UNION LAW » INTERNAL BORDER CONTROLS (5)

controls within the borders of the European Union

EUROPEAN UNION LAW » MANAGED MIGRATION (0)

EU policy on managed migration, border controls, regional protection zones etc

EUROPEAN UNION LAW » PROFESSIONAL EDUCATION & TRAINING (3)

Recognition of qualifications across Member States (under Directives 89/48/EEC, 92/51/EEC and 2001/19/EC)

EUROPEAN UNION LAW » QUALIFIED PERSONS (28)

qualified person as described in the Immigration (EEA) Order 1994

EVIDENCE

EVIDENCE » CIREA EVIDENCE (1)

The Centre for Information, Reflection and Exchange on Asylum Matters

EVIDENCE » TORTURE EVIDENCE (8)

Evidence obtained by torture

EVIDENCE » VAGUENESS (3)

guidance on the reaction to vagueness as a guide to credibility.

EXECUTIVE/ADMIN PROCESS

EXECUTIVE/ADMIN PROCESS » CRIMINAL PROCEEDINGS (25)

proceedings brought against persons for immigration offences

EXECUTIVE/ADMIN PROCESS » ENFORCEMENT INSTRUCTIONS & GUIDANCE (116)

UKBA guidance on immigration enforcement

EXECUTIVE/ADMIN PROCESS » EUROPEAN CASEWORK INSTRUCTIONS (2)

ECIs - Home Office guidance on applications under the Free Movement Directive - 2004/38/EC

EXECUTIVE/ADMIN PROCESS » HIGHLY SKILLED MIGRANTS PROGRAMME (HSMP) (7)

See also 'Points Based Applications'

EXECUTIVE/ADMIN PROCESS » HOME OFFICE INSTRUCTIONS (4)

the Asylum Directorate and Immigration Directorate of the Home Office maintain certain instructions relevant to the manner in which they transact their business.

EXECUTIVE/ADMIN PROCESS » HOME OFFICE POLICIES (11)

the Secretary of State articulates policies that cover circumstances not dealt with by the immigration rules.

EXECUTIVE/ADMIN PROCESS » IMMIGRATION OFFENCES (29)

criminal offences in the immigration context

EXECUTIVE/ADMIN PROCESS » IMMIGRATION RULES (73)

(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 )

EXECUTIVE/ADMIN PROCESS » INFORMATION SHARING (12)

Relating to the duty to share or disclose information especially for security purposes

EXECUTIVE/ADMIN PROCESS » LEGITIMATE EXPECTATION (86)

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.

EXECUTIVE/ADMIN PROCESS » MEMORANDUM OF UNDERSTANDING (MoU) (17)

Inter-governmental agreement on the treatment of returnees eg terrorist suspects

EXECUTIVE/ADMIN PROCESS » NASS (21)

National Asylum Support Service

EXECUTIVE/ADMIN PROCESS » OISC (18)

Office for the Immigration Services Commissioner

EXECUTIVE/ADMIN PROCESS » RECONSIDERATION (8)

Reconsideration of a decision by the relevant decision maker

EXECUTIVE/ADMIN PROCESS » REPRESENTATIONS (0)

the making of representations to a decision maker

EXECUTIVE/ADMIN PROCESS » SECRETARY OF STATE, POWERS OF (17)

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

HUMAN RIGHTS LAW » ADEQUACY OF INVESTIGATION (7)

adequacy or otherwise of enquiries into allegations of breach

HUMAN RIGHTS LAW » ALIENS (2)

those not nationals of a territory

HUMAN RIGHTS LAW » ENTRY CLEARANCE FROM ABROAD (47)

difficulties with, which might amount to

HUMAN RIGHTS LAW » LEGITIMATE AIM (28)

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

HUMAN RIGHTS LAW » MARGIN OF APPRECIATION (22)

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.

HUMAN RIGHTS LAW » MARGIN OF DISCRETION (5)

the margin of discretion enjoyed by the executive of a country before a response can be demonstrated to infringe the Convention

HUMAN RIGHTS LAW » MEDICAL TREATMENT OVERSEAS (1552)

applications on human rights grounds predicated on the greater availability of medical treatment in the UK

HUMAN RIGHTS LAW » PEACEFUL ENJOYMENT OF POSSESSIONS (1)

under Article 1 of Protocol 1 of the ECHR, every natural or legal person is entitled to the peaceful enjoyment of his possessions

HUMAN RIGHTS LAW » PHYSICAL AND MORAL INTEGRITY (30)

the right to respect for private life includes a right to respect for one's 'physical and moral integrity'

HUMAN RIGHTS LAW » PROPORTIONALITY (463)

the requirement that interference with limited rights be proportionate to the legitimate end sought to be achieved

HUMAN RIGHTS LAW » UNAUTHORISED ENTRY (4)

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

IMMIGRATION LAW » APPLICATIONS OUTSIDE RULES (61)

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".

IMMIGRATION LAW » ASSOCIATION AGREEMENTS (71)

there are agreements between the European Union and certain third party states regarding the treatment of the latter's nationals

IMMIGRATION LAW » ASSURANCES (30)

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

IMMIGRATION LAW » ATTENDANCE (0)

it is a requirement of the immigration rules that students attend a certain level of classes.

IMMIGRATION LAW » BACKLOG POLICY (6)

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

IMMIGRATION LAW » BREACH OF CONDITIONS (17)

failures, and the consequences thereof, to observe conditions attached to leave

IMMIGRATION LAW » BRITISH POSTS OVERSEAS (0)

applications from overseas have to be made from posts designated for the purpose by the Secretary of State

IMMIGRATION LAW » CARRIERS LIABILITY (14)

legislation places liability on those who carry persons requiring leave to enter the UK who do not possess valid travel documents

IMMIGRATION LAW » CERTIFICATE OF ENTITLEMENT (24)

certificates issues by the British government to demonstrate possession of the right of abode

IMMIGRATION LAW » CERTIFICATES (9)

various, as issued by SSHD such as under s 72(4), 72(9)(b) NIA Act 2002

IMMIGRATION LAW » CHANGE OF EMPLOYMENT (1)

the effect of a change of employment on decisions regarding leave to remain

IMMIGRATION LAW » CHILDREN POLICY (15)

discussion of policies of the Home Office regarding children

IMMIGRATION LAW » CLOSE RELATIVES TO TURN TO (2)

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

IMMIGRATION LAW » COHABITATION (7)

the effect of cohabitation on determination of the issue of intention to live together permanently

IMMIGRATION LAW » COMMON LAW RELATIONSHIP (2)

the Home Office policy on common law spouses

IMMIGRATION LAW » COMPASSIONATE FACTORS (32)

factors tending against deportation proceedings

IMMIGRATION LAW » CONTINUOUS RESIDENCE (27)

the rules regarding settlement in the UK require certain periods of continuous residence to be established

IMMIGRATION LAW » COOPERATION AGREEMENTS (0)

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

IMMIGRATION LAW » CURTAILMENT OF LEAVE (31)

the Secretary of State has sometimes held a power to curtail leave to enter or remain

IMMIGRATION LAW » DEPENDANTS (94)

family members relying on a principal applicant

IMMIGRATION LAW » DESTINATION (20)

the choice of destination open to the Secretary of State

IMMIGRATION LAW » DOMICILE (11)

the principles which dictate which country's laws govern personal transactions

IMMIGRATION LAW » ENFORCEMENT (8)

action taken to enforce a person's removal from the UK

IMMIGRATION LAW » ENTITLEMENT TO ENTER OR REMAIN (5)

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"

IMMIGRATION LAW » ENTRY CLEARANCE, PRESUMPTION OF REFUSAL (3)

guidance on the grounds on which entry clearance should normally be refused

IMMIGRATION LAW » EXCEPTIONAL COMPASSIONATE CIRCUMSTANCES (37)

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

IMMIGRATION LAW » EXCEPTIONAL LEAVE TO REMAIN (54)

leave given outside the immigration rules

IMMIGRATION LAW » EXEMPTION FROM DEPORTATION (3)

some person's citizenship status exempts them from liability to deportation

IMMIGRATION LAW » EXPIRY OF LEAVE (8)

expiry of leave to enter or remain

IMMIGRATION LAW » EXPULSION (117)

the term often used by the European Court of Human Rights to describe removal from a territory

IMMIGRATION LAW » EXTRADITION (262)

the delivery by one State to another of a person who is accused of committing crimes in the other

IMMIGRATION LAW » FAMILY MEMBERS (159)

entitlement to remain in UK on the basis of other family members

IMMIGRATION LAW » FOURTEEN YEAR RULE (16)

the Secetary of State will normally permit persons to remain in the UK if they have established a period of residence of 14 years

IMMIGRATION LAW » FRESH APPLICATION (16)

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

IMMIGRATION LAW » FURTHER STUDIES (10)

students (or would be students) may apply for variation of their leave for the purpose of further study

IMMIGRATION LAW » HINDU MARRIAGE (2)

marriages contracted under Hindu law

IMMIGRATION LAW » HIV (1003)
IMMIGRATION LAW » IDENTITY (27)

questions over the identity of an individual and how to resolve them

IMMIGRATION LAW » ILLEGIBLE PASSPORT STAMPS (0)

legibility of the stamp granting leave to an immigrant may have an impact on the terms of that leave

IMMIGRATION LAW » INCOME OF DEPENDANTS (2)

the extent to which such income can support a principal's application

IMMIGRATION LAW » INCOME SUPPORT (9)

availability of income support in the UK to putative immigrants/asylum seekers

IMMIGRATION LAW » INCOME SUPPORT LEVEL (6)

income support in the context of maintenance requirements

IMMIGRATION LAW » INFANT APPELLANT (1)

cases regarding very young appellants

IMMIGRATION LAW » INTERVENING DEVOTION (5)

evidence of devotion in a marriage between the parties whilst apart (relevant to an intention to live together permanently as husband and wife)

IMMIGRATION LAW » KNOWLEDGE OF MATERIAL FACTS (23)

the immigration rules make the non-disclosure/false representations of material facts for the purpose of obtaining a visa grounds for refusal of leave

IMMIGRATION LAW » LAPSED APPLICATION (1)

applications for entry clearance are treated as lapsed by the Entry Clearance Officer in certain circumstances

IMMIGRATION LAW » LAWFUL RESIDENCE (12)

the requirement that long stay in the UK be pursuant to existing leave to enter or remain or an exemption from immigration control

IMMIGRATION LAW » LEAVE TO ENTER (35)

decisions on the legal consequences of leave to enter the UK

IMMIGRATION LAW » LEAVE TO REMAIN (67)

decisions on the grant and refusal of leave to remain in the UK

IMMIGRATION LAW » LETTERS OF CONSENT (0)

a historical form of entry clearance granted by the Home Office

IMMIGRATION LAW » LITERARY, MUSICAL OR ARTISTIC MERIT (1)

writers, composers and artists must establish this characteristic of their work has led to its publication

IMMIGRATION LAW » LIVING ALONE (13)

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"

IMMIGRATION LAW » LONG RESIDENCE (97)

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)

IMMIGRATION LAW » LONG TERM SUPPORT (3)

indefinite support towards maintenance and accommodation

IMMIGRATION LAW » MAINTENANCE (115)

ability of applicants to maintain themselves

IMMIGRATION LAW » MEDICAL TREATMENT (43)

applications under the immigration rules for medical treatment in the UK

IMMIGRATION LAW » MINOR (55)

the approach to the cases of minors

IMMIGRATION LAW » NOTICE OF INTENTION TO DEPORT (2)

consequences of the giving of a notice of intention to deport, such as the subsequent power to detain

IMMIGRATION LAW » ORDINARY RESIDENCE (7)

the settlement provisions of the rules often make reference to periods of ordinary residence

IMMIGRATION LAW » ORGANISED DAYTIME STUDY (0)

the student rules refer to courses involving minimal periods of organised daytime study

IMMIGRATION LAW » OTHER RELATIVES (7)

relatives beyond the immediate family

IMMIGRATION LAW » OVERSTAYERS (105)

persons who overstay their grant of leave

IMMIGRATION LAW » PERMISSION TO WORK (23)

working in breach of a condition of leave to enter or remain to the contrary

IMMIGRATION LAW » PLAB TESTS (0)

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

IMMIGRATION LAW » POTENTIAL UK CITIZEN (2)

the impact on removal powers of potentially becoming a UK citizen

IMMIGRATION LAW » PREROGATIVE (2)

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."

IMMIGRATION LAW » PUBLIC FUNDS (31)

that there be no recourse to public funds is a standard requirement of many immigration rules

IMMIGRATION LAW » PUBLIC HEALTH (4)

grounds for deportation, as with 'public interest' or 'public policy' notwithstanding an enforceable European Community right of residence

IMMIGRATION LAW » RECOMMENDATION FOR DEPORTATION (0)

judicial recommendations for deportation

IMMIGRATION LAW » RELEVANT COUNTRY (0)

disputes as to the country of proper removal;see also, index term 'destination'

IMMIGRATION LAW » REMOVAL (226)

comment on grounds for removal.

IMMIGRATION LAW » REMOVAL DIRECTIONS (99)

the means by which persons are removed from the UK; appeals against validity of such

IMMIGRATION LAW » RESTRICTIONS (6)

such as reporting and residence restrictions

IMMIGRATION LAW » RIGHT OF ABODE (29)

persons possessing this have the right to come and go without let or hindrance

IMMIGRATION LAW » SATISFACTORY PROGRESS (12)

students need to show evidence of satisfactory progree in courses of study includinig the taking and passing of any relevant examinations

IMMIGRATION LAW » SCHENGEN AGREEMENT (18)

this Convention aimed to establish a single external border and free movement within the Member States

IMMIGRATION LAW » SEVEN YEAR RULE (41)

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

IMMIGRATION LAW » SHORT COURSES (6)

short courses for students

IMMIGRATION LAW » SOLE RESPONSIBILITY (28)

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

IMMIGRATION LAW » SPECIAL VOUCHERS (6)

given to certain holders of British passports who are not British citizens but are not eligible for a special voucher to enter the UK

IMMIGRATION LAW » SWITCHING COURSES (4)

students changing their course of study

IMMIGRATION LAW » TALAQ (6)

divorce in Islamic law

IMMIGRATION LAW » TEMPORARY ADMISSION (22)

persons liable to examination or removal may receive temporary admission to the UK

IMMIGRATION LAW » TEN YEAR RULE (11)

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

IMMIGRATION LAW » THIRD PARTY SUPPORT (37)

support from third parties and the maintenance rules

IMMIGRATION LAW » TRAVEL DOCUMENTS (20)

the manner in which persons without other documentation entitling them to travel abroad leave the UK

IMMIGRATION LAW » UNDER 12 CONCESSION (3)

there is a concession regarding the entry of children under the age of 12 to join a single parent in the UK

IMMIGRATION LAW » UNREASONABLE REQUIREMENTS (1)

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

IMMIGRATION LAW » VISA NATIONALS (3)

persons from countries requiring entry clearance

IMMIGRATION LAW » WARDSHIP (4)

implications for immigration control of wardship orders made in the family jurisdiction

IMMIGRATION LAW » WHOLLY OR MAINLY DEPENDANT (4)

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

JUDICIAL PROCESS » ABANDONMENT (93)

appeals may be treated as abandoned for want of prosecution

JUDICIAL PROCESS » ABSENCE OF APPELLANT (42)

for numerous reasons, the Tribunal may, notwithstanding absence,see fit to determine an application without a hearing

JUDICIAL PROCESS » ABUSE OF PROCESS (55)

eg. representatives raising points late, administrative steps which are plainly inappropriate - eg reversing decisions without good reason

JUDICIAL PROCESS » ADJOURNMENT (91)

judicial guidance upon the circumstances in which an adjournment should be granted and the manner in which an application should be made

JUDICIAL PROCESS » APPEAL FROM OUTSIDE UK (60)

some immigration decisions attract a right of appeal exercisable only from abroad

JUDICIAL PROCESS » ASYLUM & IMMIGRATION TRIBUNAL (AIT) (6)

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).

JUDICIAL PROCESS » ATTENDANCE (10)

it is a requirement of the immigration rules that students attend a certain level of classes.

JUDICIAL PROCESS » BAIL (76)

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

JUDICIAL PROCESS » BIAS (22)

challenges to the impartiality of the Appellate Authority, usually on grounds that an issue has been prejudged

JUDICIAL PROCESS » CARE PROCEEDINGS (15)

the impact of care proceedings on human rights issues and/or the immigration appeal process

JUDICIAL PROCESS » CERTIFICATE OF READINESS (1)

as an alternative to a personal appearance at a hearing, claimant may submit a fully completed, dated and signed Certificate of Readiness

JUDICIAL PROCESS » CERTIFIED APPEAL (91)

SSHD power to certify appeals with restricted appeal rights if eg viewed as clearly unfounded

JUDICIAL PROCESS » CHANGE OF REPRESENTATIVES (6)

as the present Procedure Rules make clear, it is important that the authorities are kept appraised of the presently instructed representative

JUDICIAL PROCESS » CIVIL PENALTIES (4)

regarding a statutory civil penalty

JUDICIAL PROCESS » COMBINED HEARINGS (8)

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 PROCESS » CONDUCT OF APPELLANT (2)

judicial comment upon the conduct of appellants in the prosecution of their appeals

JUDICIAL PROCESS » CONDUCT OF HEARINGS (21)

the Appellate Authority enjoys a general power to regulate its own proceedings.

JUDICIAL PROCESS » CONDUCT OF REPRESENTATIVE (27)

representatives for immigrants may make concessions in the course of a case (for example, that there is no Refugee Convention "reason" present)

JUDICIAL PROCESS » CONFIDENTIALITY OF CLAIM (8)

the Secretary of State undertakes to give confidential consideration to all asylum claims.

JUDICIAL PROCESS » COUNTRY GUIDELINES CASE (396)

Cases indicating the Tribunal

JUDICIAL PROCESS » CROSS APPEAL (6)

respondents wishing to contest findings by the Tribunal by lodging a cross appeal.

JUDICIAL PROCESS » DAMAGES (136)

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

JUDICIAL PROCESS » DATE OF DECISION (52)

questions of evidence and jurisdiction to hear evidence only available as at the date of decision

JUDICIAL PROCESS » DECISION OVERTAKEN BY FRESH AUTHORITY (3)

it is occasionally the case that fresh authorities will arise between the hearing of an appeal and the promulgation of the determination.

JUDICIAL PROCESS » DEFECTIVE DECISION (4)

Withdrawal of decision, deemed - the Appellate Authority sometimes deems a decision of the Secretary of State to be withdrawn

JUDICIAL PROCESS » DEFERMENT OF REMOVAL (4)

challenges are sometimes made seeking to defer removal of one person on account of the resolution of the immigration situation of others

JUDICIAL PROCESS » DETERMINATION OF APPLICATION (8)

judicial decisions on the moment that an application can be said to have been determined

JUDICIAL PROCESS » DETERMINATION WITHOUT HEARING (9)

determination of an appeal without an oral hearing.

JUDICIAL PROCESS » DETERMINATION, PREVIOUS (15)

the same issues regarding the appellant may have been determined in previous proceedings.

JUDICIAL PROCESS » DIRECTORY RULES (1)

some rules are mandatory, others directory

JUDICIAL PROCESS » DISCOVERY (1)

whilst there is no formal power of discovery in the Appellate Authority, it has certain powers to order further particulars

JUDICIAL PROCESS » DISPUTED CHILDREN LITIGATION (1)

whilst there is no formal power of discovery in the Appellate Authority, it has certain powers to order further particulars

JUDICIAL PROCESS » EQUALITY OF ARMS (2)

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

JUDICIAL PROCESS » EXHAUSTION OF REMEDIES (10)

domestic remedies have to be exhausted before the jurisdiction of the ECtHR is sought.

JUDICIAL PROCESS » FINALITY OF LITIGATION (0)

this principle stresses the need for parties to put their case fully at the first opportunity.

JUDICIAL PROCESS » FINDING OF FACT (49)

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.

JUDICIAL PROCESS » FIRST-TIER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) (IAFT) (23)

An independent Tribunal dealing with appeals againstdecisions made by the Home Secretary and his officials in immigration,asylum and nationality matters.

JUDICIAL PROCESS » FORESEEABILITY (12)

Some consideration of future events is permissible within the assessment of the fulfilment of the maintenance and accommodation requirements of the immigration rules

JUDICIAL PROCESS » GROUNDS OF APPEAL (43)

The addition of, or variation of, grounds of appeal to an Adjudicator

JUDICIAL PROCESS » GUIDELINES FOR ADJUDICATORS (67)

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

JUDICIAL PROCESS » GUIDELINES FOR REPRESENTATIVES (39)

the judiciary sometimes give guidance to representatives as to the manner in which they should conduct their cases.

JUDICIAL PROCESS » HABEAS CORPUS (22)

the challenge to the legality of a person's detention can be made by way of judicial review or by way of Habeas Corpus

JUDICIAL PROCESS » HEARING DATE (0)

Cases regarding the date that an appeal is listed, including the bringing forward of a hearing date.

JUDICIAL PROCESS » HOME OFFICE INSTRUCTIONS (15)

the Asylum Directorate and Immigration Directorate of the Home Office maintain certain instructions relevant to the manner in which they transact their business.

JUDICIAL PROCESS » HOME OFFICE POLICIES (344)

the Secretary of State articulates policies that cover circumstances not dealt with by the immigration rules.

JUDICIAL PROCESS » ILLEGAL REMOVAL (4)

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.

JUDICIAL PROCESS » INCOMPLETE APPLICATION (2)

Forms making applications for entry on immigration grounds are not always filled in completely

JUDICIAL PROCESS » LAY MEMBERS (1)

the IAT sits in various combinations of legal members and lay members.

JUDICIAL PROCESS » LIMITED APPEALS (22)

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

JUDICIAL PROCESS » MANDATORY RULES (6)

eg whether a procedural rules is obligatory as against directory or discretionary/optional rules. But see, eg ex p. Ravichandaran in Ct of Appeal

JUDICIAL PROCESS » MANIFESTLY UNFOUNDED (16)

the interpretation of, to uphold or not, the SSHD certificates of 'manifestly unfounded' applications

JUDICIAL PROCESS » MEDICAL FOUNDATION (6)

the Medical Foundation for the Care of Victims of Torture- selected references to and interventions by.

JUDICIAL PROCESS » MENTAL ILLNESS (209)

the approach to cases/evidence where the applicant is suffering from mental illness ( See also 'trauma' for PTSD and also 'Suicide Risk' cases

JUDICIAL PROCESS » MIXED APPEALS (26)

dealing with appeals on more than asylum grounds, against the same decision, in the same proceedings

JUDICIAL PROCESS » NO ORAL HEARING (34)

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.

JUDICIAL PROCESS » NON-COMPLIANCE REFUSAL (11)

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

JUDICIAL PROCESS » NOT IN ACCORDANCE WITH THE LAW (51)

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"

JUDICIAL PROCESS » NOTICE OF APPEAL (40)

Discussion of the content of notices of appeal (eg whether there is sufficient identification of appellant, compliance with formalities).

JUDICIAL PROCESS » NOTICE OF HEARING (10)

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.

JUDICIAL PROCESS » ONE STOP APPEALS (13)

The IAA 1999 requires decision-makers to serve a notice inviting submission of all/any additional grounds against an immigration decision.

JUDICIAL PROCESS » OUT-OF-TIME APPLICATION (28)

applications for extensions made after the expiry of leave of limited leave

JUDICIAL PROCESS » PASSPORT, FAILURE TO PRODUCE (1)

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 PROCESS » PERMISSION APPLICATION, STATUS OF (26)

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.

JUDICIAL PROCESS » POAC (5)

Decisions of, and references to, The Proscribed Organisations Appeals Commission

JUDICIAL PROCESS » POWER IN LAW (8)

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

JUDICIAL PROCESS » PRE-HEARING REVIEW (0)

a term historically applied to what are presently known as "First Hearings"

JUDICIAL PROCESS » PRECEDENT (44)

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)

JUDICIAL PROCESS » PRELIMINARY ISSUE (19)

to be considered at the outset of a hearing, such as the right to appeal itself, or requirements of appeal procedure rules

JUDICIAL PROCESS » PRESCRIBED FORMS (13)

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

JUDICIAL PROCESS » QUESTION OF LAW (19)

identification of rights of appeal predicated upon a point of law.

JUDICIAL PROCESS » REASONABLE EXPLANATIONS (5)

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.

JUDICIAL PROCESS » RECOMMENDATIONS (39)

adjudicators have historically made recommendations to the Secretary of State regarding matters beyond their appellate jurisdiction.

JUDICIAL PROCESS » RECORD OF PROCEEDINGS (15)

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.

JUDICIAL PROCESS » RECORDED DELIVERY (0)

may have consequences for positive evidence as to the date of delivery of notices etc

JUDICIAL PROCESS » REPRESENTATIONS (12)

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.

JUDICIAL PROCESS » REPROMULGATION (6)

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.

JUDICIAL PROCESS » RES JUDICATA (7)

the notion that one judicial decision may bind subsequent ones as to the issues between the parties to the dispute in later proceedings

JUDICIAL PROCESS » RESCISSION OF DETERMINATION (6)

there have been occasions where the Appellate Authority has sought to rescind its own determinations

JUDICIAL PROCESS » RESTRICTED GROUND OF APPEAL (0)

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.

JUDICIAL PROCESS » RETROSPECTIVITY (13)

retrospective effect of legislation.

JUDICIAL PROCESS » SECRETARY OF STATE APPEAL (45)

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).

JUDICIAL PROCESS » SECRETARY OF STATE, PROCEEDINGS AGAINST (10)

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

JUDICIAL PROCESS » SECRETARY OF STATE, REFERENCE BY (2)

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.

JUDICIAL PROCESS » SIAC (95)

Decisions of, and references to, The Special Immigration Appeals Commission

JUDICIAL PROCESS » SLIP RULE (5)

a rule dealing with administrative slips by the Appellate Authority

JUDICIAL PROCESS » SPECIAL ADJUDICATORS (14)

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

JUDICIAL PROCESS » STARRED APPEAL (29)

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

JUDICIAL PROCESS » SUPREME COURT (1)

replacing the appellate jurisdiction of the House of Lords in UK

JUDICIAL PROCESS » SURETIES (2)

guarantors for bail

JUDICIAL PROCESS » THREE MONTH RULE (3)

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.

JUDICIAL PROCESS » TRANSITIONAL PROVISIONS (31)

the provisions which govern the coming into effect of parts of a statute

JUDICIAL PROCESS » TWO MEMBER TRIBUNAL (1)

the divisions of the Tribunal sit in various combinations of numbers and judicial and lay personnel.

JUDICIAL PROCESS » UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) (IAUT) (61)

A superior court of record dealing with appeals againstdecisions made by the First-tier Tribunal (Immigration and AsylumChamber)

JUDICIAL PROCESS » VARIATION APPEALS (17)

successive immigration legislation has permitted an appeal against variation of leave to remain.

JUDICIAL PROCESS » WAIVER OF UNFAIRNESS (2)

circumstances in which a matter giving rise to procedural unfairness can be waived by its acceptance by a party

JUDICIAL PROCESS » WITHDRAWAL OF REPRESENTATION (3)

there are circumstances in which a professional representative may be forced to withdraw from a hearing.

JUDICIAL PROCESS » WORDING OF DETERMINATION (7)

infelicitious wording of determinations.

LEGAL PERSON/CAPACITIES » BUSINESS VISITORS (2)

persons wishing to establish themselves in business under the immigration rules.

LEGAL PERSON/CAPACITIES » CIVIL PARTNERSHIP (15)

Legal recognition of, and consequences for, same-sex 'couples'

LEGAL PERSON/CAPACITIES » CREW MEMBERS (1)

members of the crews of ships and aircraft are given special treatment in the immigration system

LEGAL PERSON/CAPACITIES » DEPENDANT RELATIVE (28)

the immigration rules deal with applications by persons wholly or mainly dependant on UK resident relatives

LEGAL PERSON/CAPACITIES » PROSPECTIVE STUDENTS (1)

persons wishing to enter as students but without having yet been accepted on a course

LEGAL PERSON/CAPACITIES » SPONSORS (109)

persons sponsoring immigrants to enter the UK

LEGISLATION

LEGISLATION » CLS REGULATIONS (52)

Community Legal Service Regulations, general, and specific to immigration appeals, incl related caselaw

REFUGEE LAW

REFUGEE LAW » ADULTERY (182)

consequences of adultery re the formation of a particular social group

REFUGEE LAW » CITIZENSHIP, APPLICATION FOR (13)

the effect of formal applications for nationality and citizenship on the determination of that issue

REFUGEE LAW » CRIMINALS (24)

fears arising at the hands of criminals as a Convention reason

REFUGEE LAW » HABITUAL RESIDENCE (49)

the country in which stateless persons must establish a well founded fear of persecution to gain Refugee Convention protection

REFUGEE LAW » HAGUE CONVENTIONS (24)

the Hague Conventions of 1899 and 1907, part of the laws of war

REFUGEE LAW » NON-REMOVABILITY (18)

impact of, upon appeals

REFUGEE LAW » RESPONSIBILITY FOR ASYLUM CLAIMS (38)

the responsibility of a particular state to determine an asylum claim

REFUGEE LAW » SAFE COUNTRY OF ORIGIN (35)

countries of origin with respect to which there is a presumption as to their safety

REFUGEE LAW » SERIOUS NON-POLITICAL CRIME (17)

a crime the commission of which might exclude a person from the protection of the Refugee Convention for reasons of its non-political nature

REFUGEE LAW » SPECULATION (4)

one form of drawing inferences from facts

REFUGEE LAW » STATELESSNESS (91)

the situation of not possessing a nationality

REFUGEE LAW » SURROGACY PRINCIPLE (3)

the principle that protection of the international community is a surrogate for that of the country of nationality or habitual residence

REFUGEE LAW » TORTURE (1337)
REFUGEE LAW » UNRWA (10)

United Nations Relief and Works Agency for Palestine Refugees

REFUGEE LAW » UPGRADING APPLICATION (8)

applications to enhance the status of leave already granted See eg S. 69(3) of the Immigration Act 1999 for 'upgrades' to refugee status

REFUGEE LAW » VOLUNTARY RETURN (16)

The effect of voluntary return to country of origin, as distinct from involuntary or forced return

RISK

RISK » AMNESTY (120)
RISK » APOSTASY (334)
RISK » BLOOD FEUDS (137)
RISK » CORRUPTION (1180)
RISK » CULTS (58)
RISK » DIABETES (1)
RISK » DRUG CARTELS (532)
RISK » EXIT VISAS (57)

the possession, or not, of documents granting permission to depart a territory

RISK » FORGERY (39)
RISK » FUTURE ACTIVITIES (24)

the risk incurred by, and the issue of 'self-denial' of conduct/identity to avoid that risk.

RISK » FUTURE RISK (27)
RISK » ILLEGAL EXIT (124)
RISK » IMPUNITY (205)
RISK » ISLAMIC LAW (160)
RISK » KIDNAPPING (146)
RISK » MILITIAS (171)
RISK » POLICE (891)
RISK » PREGNANCY (2)
RISK » PRISONS (1345)
RISK » PROSECUTION (52)
RISK » RAPE (1690)
RISK » RISK ON RETURN (1038)
RISK » ROUND-UPS (8)
RISK » SAFE AREA (7)
RISK » SECTS (1)
RISK » THREATS (25)
RISK » WAR (6)

SOCIAL/POLITICAL GROUPS

SUPPORT/WELFARE IN THE UK