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Administrative Justice and Asylum Appeals: A Study of Tribunal Adjudication

ISBN13: 9781841139364
Published: January 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £80.00

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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.

Immigration, Asylum, Refugee and Nationality Law
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
3. Costs, Accuracy and Decision Processes
Considering Costs
The Appeal Decision Process
The Timeliness of Decision-Making
4. Appeal Hearings
The Pre-Hearing Stage
Substantive Hearings
Immigration Judge Questioning and the Absence of Representation
Closing the Hearing and Decision-Writing Targets
5. Credibility
The Credibility Problem
Assessing Credibility
Hard Cases
Weighing it all up
6. Country Information
The Problem of Country Information
Using Country Information
Country Information and the Appeals Process
Country Expert Evidence
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
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
9. Conclusion
Evaluating Adjudicative Quality
Reconsidering Asylum Adjudication