ABSTRACT
In what ways can a person faced with an order for deportation from the UK challenge that decision? To what extent does the law in this area comply with the UK’s international obligations?
Answer plan
The first part of this question requires you to explain the various procedures for appeal that exist at common law or under the immigration legislation. In particular, you will need to deal with: • habeas corpus; • judicial review; • appeal under the Immigration and Asylum Act 1999, and the
Special Immigration Appeals Commission Act 1997; • challenge under the Human Rights Act 1998. As far as appeals under the immigration legislation are concerned, the special provisions relating to asylum seekers will need to be noted.
