Clayton: Textbook on Immigration & Asylum Law 3e 
End-of-chapter question guidanceClayton: Textbook on Immigration & Asylum Law 3e
Chapter 8
1. Is it appropriate to limit an appeal on the merits of the case to one tier? Consider the arguments for and against this proposal.
Consult some of the reading list material to develop your understanding of the role of tribunals. Then consider the question with regard to, e.g.
The kinds of issues that immigration and asylum appeals are dealing with
The effect of a wrong decision
The composition of the tribunal
The role of the tribunal
The effect of findings of fact by a first instance appeal body - remember there will always be scope for appeals on a question of law, but this question concerns whether the case should be re-evaluated by a second tier of the tribunal, simply on the basis that the first one is alleged to have judged the matter wrongly without making an error of law. Their findings of fact or their assessment of the facts is challenged.
2. Is it appropriate to use discrimination on the grounds of nationality in making immigration or asylum decisions? What about ethnic group? How does this differ from making decisions on the basis of colour?
A. Start from the position that discrimination on racial grounds is prima facie unlawful (give statutory source for this).
B. Explain with what limitations and conditions discrimination on the basis of nationality can be used in making immigration and asylum decisions. Say which decisions may be affected.
C. What are the reasons given for this discrimination?
D. What did the race monitor have to say about this? (Read her reports to find out)
E. Give your assessment of the issue in the light of your reading.
F. As an extra issue you could discuss what is the line between nationality and ethnicity and how the arguments for and against discrimination on grounds of nationality might apply, or not, to ethnicity.
G. Consider the same question again for colour - does this change your answers or not?
3. Who should decide whether legal advisers are abusing the system?
This question refers to the involvement of the Home Office and Department of Constitutional Affairs in the drafting of costs provisions in the Nationality Immigration and Asylum Act 2002. You can update yourself on these issues by reading the OISC website (www.oisc.gov.uk) and submissions on the ILPA website (www.ilpa.org.uk). Consider the effect of the conditions of public funding for immigration and asylum work, e.g. at www.legalservices.gov.uk/civil/payrates_schemes.asp.
Remember that:
a lawyer is instructed by their client
they have a duty also to the court
the Home Office is generally the opposite party in an immigration or asylum case
the Home Office proposes the terms of legislation and makes immigration rules
the client's financial status and the importance of the matter to them are crucial issues in any funding arrangement for legal work
the Ministry of Justice has responsibility for the proper functioning of courts and tribunals
View print version