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:

16 Feb 12 12HR1602 London

02 May 12 12HR3005 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.