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Joint Council for the Welfare of Immigrants

campaigning for justice in immigration & asylum law & policy since 1967

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Human Rights Law

Advanced human rights law for immigration and asylum practitioners

One day 10am - 5pm
CPD: 6 hours
Level: Advanced/LSC level 2/OISC Level 3
Trainer: Navtej Singh Ahuluwalia

Dates:

6 July 10 10HR0607 London

20 Oct 10 10HR2010 London

This is an advanced course designed to coincide with
the requirements of accreditation at Senior Caseworker
- Level 2. It requires legal knowledge and experience of
the domestic immigration legal framework.

Course content

  • human rights instruments – the effect of incorporation and the difference between domestic application of a) ECHR b) other international instruments
  • the principles of interpretation which apply to the ECHR, intensity of scrutiny by the courts
  • remedies under the HRA 1998 and domestic immigration/asylum legislation
  • what is meant by ‘extra-territoriality’ – the scope of protection from (i) removal and (ii) exclusion permits
  • Article 3 ECHR –
  • absolute protection, Strasbourg principles
  • domestic principles – medical treatment, mental illness, rape victims, prison conditions, absolute protection versus the ‘extension to an extension’ approach
  • in-country breaches
  • Article 8 ECHR –
  • qualified protection, Strasbourg principles, domestic caselaw a) family life; b) private life
  • scope of remaining Articles in removal/ exclusion context
  • update on human rights case law in Europe and UK
  • case studies.
  • Objectives

  • At the end of the course participants should be able to:
  • understand the scope of protection under the ECHR and which Articles can avail clients in context of removal and exclusion
  • understand the difference between absolute and qualified rights and the scope of the court’s jurisdiction in respect of each
  • understand principles and rules of interpretation derived from Strasbourg
  • understand the way that human rights principles are applied in the UK in an immigration and asylum context
  • be up to date with current case law
  • be aware of the consequences of the grant of humanitarian protection or discretionary leave
  • understand how to apply the principles to the facts in their clients’ cases

Accredited by the Bar Standards Board.