The following Local Government practice note Produced in partnership with Bronwen Jones of Goldsmith Chambers provides comprehensive and up to date legal information covering:
A claim for asylum includes a claim under Article 3 of the European Convention on Human Rights (ECHR) where the applicant states that if removed to their country of origin, they will be tortured or subjected to inhuman or degrading treatment or punishment.
Since 6 April 2015, the right to an in-country appeal against the refusal of an asylum claim falls under section 82(1)(a) of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) (as amended by the Immigration Act 2014 (IA 2014)), as a decision by the Secretary of State 'to refuse a protection claim.' Grounds of appeal under section 84(1) are breach of the Refugee Convention; breach of obligations to those eligible for humanitarian protection and unlawfulness under section 6 of the Human Rights Act 1998 (HRA 1998).
Support can be provided under sections 4(2), (accommodation for former or failed asylum-seekers), 95 (support for destitute asylum-seekers and their dependants), or 98 (temporary support for asylum-seekers who may be destitute, and their dependants) of the Immigration and Asylum Act 1999 (IAA 1999) and by section 17 of the Children Act 1989 (ChA 1989).
According to the Home Office guidance, support under IAA 1999, ss 4(2), 95 or 98 will only be provided if an applicant is destitute or likely to be destitute within 14 days, which is determined on the basis that:
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This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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