Glossary

AIT

Asylum and Immigration Tribunal, the unified single-tier tribunal that will replace the two tiers of the Immigration Appellate Authority (IAA) - the adjudicators and Immigration Appeal Tribunal (IAT) - with effect from 4 April 2005. From that date, adjudicators will be named immigration judges.

Case law

Principles of law arising from decisions in the courts.

CIO bail

Chief Immigration Officer bail. This is one way a detained person or someone acting on their behalf can apply for release.

Concessionary policies

Policies that the Home Office has developed in immigration and asylum cases that are not law but which the Home Office should follow.

Discretionary policies

Policies that the Home Office has developed in immigration and asylum cases that are not law but which the Home Office should follow.

Discretionary Leave

Leave granted outside the immigration rules at the discretion of the Home Office to those considered not to be in need of international protection or who have been excluded from such protection.

ECHR

European Convention on Human Rights.

EEA

European Economic Area.

EU

European Union.

Exceptional Leave

Exceptional Leave to Enter or Remain was granted outside the immigration rules at the discretion of the Home Office. Such leave has now been replaced by the terms Discretionary Leave and Humanitarian Protection.

General information

Information about immigration and asylum procedures that does not refer to an individual's circumstances, for example leaflets that explain various immigration procedures.

HRA

Human Rights Act 1998.

Humanitarian Protection

Leave granted to anyone who is unable to demonstrate a claim for asylum but who would face a serious risk to life or person arising from the death penalty, unlawful killing, torture, inhuman or degrading treatment or punishment.

Immigration judge

The title of a member of the Asylum and Immigration Tribunal (see above).

Judicial review

The determination by the High Court of the legality of decisions of public bodies. Judicial review is confined to the review of questions of law and does not extend to a review of the merits of the administrative decision.

McKenzie Friend

A term used to describe someone who assists an unrepresented party in court (taking notes, acting as a witness to proceedings, organising papers and/or quietly giving advice). They have no right of audience and can address the court only if invited by the presiding judge. The OISC does not permit such activity by those it regulates.

One-Stop Notice

Introduced under sections 74 and 75 of the Immigration and Asylum Act 1999. The Notice requires applicants to state in full any human rights grounds they wish to rely on in order to remain in the UK.

Precedent

A judgment or decision that should be followed in cases where there are similar facts (see case law above).

Referral

Where an adviser finds that a client needs advice from another adviser (e.g. because the advice needed is beyond the first adviser's level of competence), and contacts an alternative adviser to arrange to transfer the client.

Signposting

Where an adviser provides information to a client about alternative sources of advice (e.g. because the advice needed is beyond the first adviser's level of competence) so that the client can make contact with another adviser.

Skeleton argument

A written argument submitted to a court outlining the case for the appellant/applicant.

Statement of Additional Grounds

The response to a One-Stop Notice (see above).

Statutory review

An application to the High Court under section 101(2) of the Nationality, Immigration and Asylum Act 2002 for a review of a decision of the Asylum and Immigration Tribunal (see AIT above). It is determined by a single judge without a hearing and by reference only to written submissions and documents filed.

UKBA

The United Kingdom Border Agency, a shadow agency of the Home Office. The UKBA deals with immigration, nationality and asylum matters and includes the Immigration Service.

July 2008