Human Rights Law

Advanced human rights law for immigration and asylum practitioners

One day 10am - 5pm
CPD: 5.5 hours
Level: Advanced/LSC level 2/OISC Level 3
Trainer: Navtej Singh Ahuluwalia

22 October 08 - 8HR2210 - London
21 January 09 - 9HR2101 - London
7 May 09 - 9HR0705 - 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
• 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 caselaw;
• 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