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Administrative Justice and Asylum Appeals : A Study of Tribunal Adjudication - Robert Thomas

Administrative Justice and Asylum Appeals

A Study of Tribunal Adjudication

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Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating the disputes individuals have with government? This highly topical book examines how the idea of adjudicative quality works by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Integrating empirical research with legal analysis, the book provides an in-depth study of the development and operation of the tribunal system and of asylum decision-making. It examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. The book looks at the organization of the tribunal system, its procedures, the nature of fact-finding in asylum cases, and the operation of onward rights of challenge. It also looks at how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions. Filling a gap in this area of study, the book will be of value to all those interested in administrative law and asylum adjudication. This book is the First place winner of the Society of Legal Scholars Birks Prize for Outstanding Legal Scholarship 2011.

'For an up-to-date review of the development of the system and of the modern practice it is unnecessary to do more than refer to Robert Thomas' comprehensive study: Administrative Justice and Asylum Appeals (2011) chapter 7.' Carnwath LJ in PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132, para.48 This book is densely packed with information, interest and insight...it can serve as a practitioner's textbook just as much as an academic study of asylum adjudication, and may be read with profit by judges, advocates and Home Office officials. They will find it surprisingly useful in their day-to-day work. A comprehensive guide full of insight Richard McKee Tribunals Journal May 2011

Administrative Justice, Quality and Asylum Adjudication Quality and Administrative Justice Asylum Adjudication Research Methods The Plan of the Book
Asylum Decision-Making and its Organisation The Asylum Decision Problem Organising Decision-Making The Tribunal's Jurisdiction and Organisation Conclusion
Costs, Accuracy and Decision Processes Considering Costs The Appeal Decision Process The Timeliness of Decision-Making Conclusion
Appeal Hearings The Pre-Hearing Stage Substantive Hearings Immigration Judge Questioning and the Absence of Representation Closing the Hearing and Decision-Writing Targets Conclusion
Credibility The Credibility Problem Assessing Credibility Hard Cases Weighing it all up Conclusion
Country Information The Problem of Country Information Using Country Information Country Information and the Appeals Process Country Expert Evidence Conclusion
Country Guidance The Country Guidance Concept Managing Country Guidance Assessing Country Information and Producing Guidance Binding Factual Precedent or Authoritative Guidance? Using Country Guidance Appraising Country Guidance Conclusion
Onward Rights of Challenge The Benefits and Costs of Onward Challenges Organising Onward Challenges: An Excursus The Value of Onward Challenges Tribunals, Courts and Decision-Making Quality Conclusion
Conclusion Evaluating Adjudicative Quality Reconsidering Asylum Adjudication
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9781841139364
ISBN-10: 184113936X
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 342
Published: 18th January 2011
Country of Publication: GB
Dimensions (cm): 23.4 x 15.8  x 1.8
Weight (kg): 0.49
Edition Number: 1