Clayton: Textbook on Immigration & Asylum Law 3e
Chapter 12
1. Is it appropriate to see the Home Office as the opponent in asylum appeals, or is this unnecessarily confrontational?
This is an opportunity to discuss the state's duty, held jointly with the asylum seeker, to get to the root of the claim and examine it fully. It is also an opportunity to discuss natural justice issues in asylum appeals. You could cover, for instance
Interview practice including the case law and reports about this
The procedure rules for asylum appeals
The production and use of Country Information
This could form a substantial essay, I would think of about 2,000 words
2. How would you explain to an asylum seeker detained in Harmondsworth the meaning of their detention?
This question encourages you to examine exactly what are the criteria for detention in Harmondsworth. Identify them and the legal source which substantiates them. Also look at the nature and impact of the regime. You might want to conclude with a comment on the policy reasons for this kind of detention.
This again could form the basis for a well-structured essay, perhaps around 1,500 words.
3. What would be your priorities for change in the asylum system?
Over to you! But make sure you give reasons based in the system as it is and its effects.


