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Chapter

Cover Immigration & Asylum Law

7. Challenging decisions: appeals, administrative and judicial review  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter discusses the development of the current structure of the appeals bodies—the Appeal Tribunal and the Special Immigration Appeals Commission (SIAC)—and their procedure. It sets out the limited rights of appeal following the implementation of the Immigration Act 2014. It has sections on administrative review and judicial review. The chapter also considers whether there is a right to a fair hearing in immigration and asylum decisions. It concludes with a section on immigrants and asylum seekers’ access to legal representation, including funding.

Chapter

Cover Immigration & Asylum Law

14. Detention  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter focuses on the issue of immigration detention. The deprivation of liberty is one of the most serious infringements of fundamental human rights. In immigration law, individuals lose their liberty through the exercise of a statutory discretion by the Home Office or immigration officers. The chapter considers the statutory powers and executive guidelines, together with human rights and common law rules. The use of detention is an increasingly common phenomenon in the asylum process, and the key role of immigration bail is examined. The former use of indefinite detention for foreign terrorist suspects is discussed at the end of the chapter.