Afghan citizenProject descriptionQUESTION :In December 2013, an Afghan citizen was granted asylum in the United Kingdom on the basis that if he was returned to Afghanistan he would face persecution for reasons of religion ? more precisely his lack of religious belief. The Afghan citizen is an atheist. The Home Office has become concerned that, as a result of the decision, many persons currently residing in the UK illegally will seek to claim asylum on the basis of their atheist beliefs. In order to close the ?floodgates? the Home Office has proposed that it will undertake an advertising campaign. The Home Office have proposed to place the poster (see image below) on a number of vans, and for the vans to drive through the major towns in east Kent. The Home Office is concerned that there may be complaints in relation to the poster, and that if the Advertising Standards Authority published an negative adjudication it could adversely impact upon the image of the Home Office. However, the Home Office thinks that it is necessary to get the message out that the UK is not a ?soft touch? when it comes to the granting of asylum. As such, the Home Office seeks the following advice:? Does the proposed poster breach the Committee on Advertising Practice (CAP) code?? Could the Home Office stop the publication of the Advertising Standards Authority adjudication?? Could the Home Office challenge the decision of the Advertising StandardsAuthority?Please advise the Home Office.IMPORTANT INSTRUCTION:1) Suggested format of a legal opinion= Here is a suggested format for your opinion. You do not need to follow this format but you must ensure that you properly and coherently structure your answer.2) Statement of facts = Set out all the important facts as concisely as possible3) Issues = Set out the legal questions that you will answer. This does not mean repeating the question, but breaking it down into relevant legal questions.4) Discussion of each legal issue you have identified = It should be a dispassionate discussion of the issues and the applicable law (statute, case-law etc), recognising that you are advising ONE side but in the light of reflecting on the arguments that would be made for the other side and how you would respond to them. The aim is to produce a sophisticated and nuanced, legally reasoned answer (somewhat akin to the kind ofsubstantial judgment that judges produce). Focus on those parts of the problem, in light of the relevant law, which seem more tricky and uncertain. Reading books and articles on the relevant legal issues can help you to identify problems and complexities within statute and case-law.5) Conclusion and Recommendation = Conclude by summarising your advice in terms of the best legal solution to the problem facing your client.REQUIRED READINGS:1)Director General of Fair Trading v Tobyward Ltd  1 WLR 517.2)R v. Advertising Standards Authority ex parte The Insurance Service  2 Admin LR 77.3)Regina v. Advertising Standards Authority Ltd ex parte Vernons Organisation  1WLR 1289.4)Casado Coca v. Spain (1994) 18 EHRR 1.5)Queen on application of Matthias Rath V The Advertising Standards Authority and the Independent Reviewer  EWHC Admin 428.6)Debt Free Direct Ltd, R (on the Application of) v Advertising Standards Authority Ltd  EWHC 1337 (Admin) (Administrative Court).7)Committee of Advertising Practice, ?UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)? available at:http://www.cap.org.uk/Advertising-Codes/Non-broadcast-HTML.aspx8)Advertising Standards Authority, ?ASA Adjudication on Home Office? available at: http://www.asa.org.uk/Rulings/Adjudications/2013/10/Home-Office/SHP_ADJ_237331.aspx9)Iain Ramsay, Consumer Law and Policy: Text Cases and Materials on Regulating Consumer Markets (Oxford, 3rd edition, Hart Publishing, 2015) pp. 127-136 and pp. 276-288.10)Colin Scott and Julia Black, Cranston?s Consumers and the Law (Cambridge University Press, 3rd edition, 2000) pp 51-60!
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