Administrative justice and asylum appeals : a study of tribunal adjudication

著者

    • Thomas, Robert

書誌事項

Administrative justice and asylum appeals : a study of tribunal adjudication

Robert Thomas

Hart, 2011

  • : pbk

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注記

Bibliography: p. 295-308

Includes index

内容説明・目次

内容説明

FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice 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. 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. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to 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, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.

目次

1 Administrative Justice, Quality and Asylum Adjudication Quality and Administrative Justice Asylum Adjudication Research Methods The Plan of the Book 2 Asylum Decision-Making and its Organisation The Asylum Decision Problem Organising Decision-Making The Tribunal's Jurisdiction and Organisation Conclusion 3 Costs, Accuracy and Decision Processes Considering Costs The Appeal Decision Process The Timeliness of Decision-Making Conclusion 4 Appeal Hearings The Pre-Hearing Stage Substantive Hearings Immigration Judge Questioning and the Absence of Representation Closing the Hearing and Decision-Writing Targets Conclusion 5 Credibility The Credibility Problem Assessing Credibility Hard Cases Weighing it all up Conclusion 6 Country Information The Problem of Country Information Using Country Information Country Information and the Appeals Process Country Expert Evidence Conclusion 7 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 8 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 9 Conclusion Evaluating Adjudicative Quality Reconsidering Asylum Adjudication

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