ABSTRACT
Examiners usually set essay questions in this area, although a problem question on the effect of the European Court of Human Rights (ECtHR) on asylum and immigration law is becoming more common. The emphasis is usually on the degree to which a balance is struck between the interest of the State in national security and the individual’s basic freedom to enter, move about within and leave the UK. Students should be aware that this is an area in which there have been repeated and relatively major changes recently; in addition to the anti-terrorism provisions noted above there have been wide-reaching changes to the asylum process, including to rights of appeal, in the Nationality, Immigration and Asylum Act (NIAA) 2002, the Asylum and Immigration (Treatment of Claimants (etc.) Act 2004, the Immigration, Asylum and Nationality Act (IANA) 2006 and the UK Borders Act 2007.
