Running head: IMMIGRATION AND ASYLUM LAW AND TRIBUNALS 1

Immigration and Asylum Law and Tribunals

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IMMIGRATION AND ASYLUM LAW AND TRIBUNALS 2

Introduction 

In the United Kingdom, the concept of immigration and asylum system is very complex

because it presents challenging hurdles when one is navigating through it. The system has been

subject to relatively frequent changes. The system is comprised of lengthy and many appeal

phases, where there has been a highly allowed rate of appeals against the involved agency, the

Home Office (Clayton, 2016). In recent times, the elimination of the appeal rights has put the

tribunal and the judicial system in the UK under considerable pressure. Therefore, the

consequence of personal decisions in this domain has been huge. Nevertheless, to counter the

related problems the legislative arm in the country enacted a law that has been used to make a

crucial decision on hearings involving immigration and asylum (Clayton, 2016). The legislature

enacted the Tribunals, Courts, and Enforcement Act 2007, which has been a fundamental

element in making critical judgments on immigration and asylum related cases. It is against this

backdrop that this paper seeks to explore and analyze the immigration and asylum law and

tribunal in the United Kingdom-based on the following objectives. 

 To evaluate the changes in the immigration and asylum laws in the United Kingdom 

 To evaluate the recent transformation in the tribunal, courts, and enforcement of

immigration and asylum law in the United Kingdom. 

 To explore the relevance and implications of the recent transformation of Tribunals,

Courts, and Enforcement Act 2007 in making decisions about immigration and asylum

laws. 

Body 

Initially, the Home Office has the roles in nearly all the issues concerning immigration,

especially those pertaining the border control regulations, asylum, and nationality. Since the late
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19th century, the common law in the United Kingdom had offered a provision that nonalien had

any right to get into the country except by leave of the Crown (Craig & Fletcher, 2012). This led

to the enactment of the Aliens Restriction Act 1914, and subsequently to the Aliens Restriction

(Amendment) Act 1919, where the orders and rules under these laws offered the common law

the statutory foundation (Clayton, 2016). As a result, they later made a limitation on the aspect of

immigration. 

Therefore, the statutory regime regulating immigration in the United Kingdom is at the

moment captured in the Immigration Act 1971, where there are additional immigration rules

generated under it. The Immigration Regulations are a fluid set of regulations that are subject to

frequent changes. To make changes to them, the Statement of Changes to the immigration

regulations was laid before the UK Parliament. Therefore, the required changes entered into law

within 40 days unless there is an objection from the Parliament. The Immigration Act

necessitates people who are not British or citizens of the commonwealth with the right of abode

in the United Kingdom or members of the European Economic Area to get permission to get into

the United Kingdom from an immigration agent upon their arrival. 

Over time, there has been a series of transformations. One of the recent laws is the

Immigration, Asylum, and Nationality Act 2006 that offered several more additional measures

that made it easier for the administration to deport people for reasons of national security. This

restricted the grounds of appeal in issues of national security to those only based on human rights

concerns.

On the tribunal and courts aspect, there is Tribunal, Courts, and Enforcement Act 2007

that makes a provision about tribunal and inquiries. The law introduced an Administrative Justice

and Tribunals Council for amending the law associated with judicial appointments and Law
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Commission’s appointments (Brown, 2004). The Asylum and Immigration Tribunal is contained

in this law and deals with cases relating to asylum and immigration. 
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References

Brown, C. (2004). Social work, immigration, and asylum: Debates, dilemmas, and ethical issues

for social work and social care practice. Jessica Kingsley Publishers.

Clayton, G. (2016). Textbook on immigration and asylum law. Oxford University Press.

Craig, S., & Fletcher, M. (2012). The supervision of immigration and asylum appeals in the UK–

taking stock. International Journal of Refugee Law, 24(1), 60-84.

McClean, D. (2010). Immigration and Asylum in the United Kingdom. Ecclesiastical Law

Journal, 12(2), 152-161.

Thomas, R. (2008). Consistency in asylum adjudication: Country Guidance and the asylum

process in the United Kingdom. International Journal of Refugee Law, 20(4), 489-532.