Administrative Justice and Asylum Appeals: A Study of Tribunal Adjudication
Autor Robert Thomasen Limba Engleză Paperback – 17 ian 2011
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Specificații
ISBN-13: 9781841139364
ISBN-10: 184113936X
Pagini: 342
Dimensiuni: 156 x 234 x 17 mm
Greutate: 0.48 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 184113936X
Pagini: 342
Dimensiuni: 156 x 234 x 17 mm
Greutate: 0.48 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Notă biografică
Robert Thomas is a Senior Lecturer at the School of Law, University of Manchester.
Cuprins
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
Recenzii
This excellent work offers both a study of the asylum appeals system in the United Kingdom and a contribution to the broader stream of scholarship on administrative justice...It successfully performs the difficult double act of providing both an engaging introduction to the system's operation and considered detail and analysis of interest to those familiar with the jurisdiction.A work immersed in the particular context of asylum appeals, Administrative Justice and Asylum Appeals attends to the detail of the design and operation of the relevant tribunal processes, evaluating them against justice and managerial criteria. As a work on tribunal adjudication, Thomas argues both for an appreciation of the limits of what adjudication can achieve and for the benefits of inserting adjudication into the administrative process of determining eligibility for asylum. He makes a compelling case on both counts.
Written in clear and accessible language, this book offers an in depth and insightful review of the operations and functioning of the asylum appellate jurisdiction.A must read for those involved in the asylum decision-making process, this book is also highly recommended to anyone with an interest in administrative law or the asylum process itself.[The author's] assessment of the effectiveness and quality of asylum appeals is thought provoking and will almost certainly be a point of reference in future consultations and developments.
...an excellent analysis of refuge law which is underpinned by an empirical methodology that can rightly be compared to Mashaw's landmark study of American disability decision making. This landmark study will provide an enduring benchmark for any serious analysis of tribunals, administrative justice and refuge law and policy. A particular strength of this book lies in its analysis of the assessment of the credibility of applicants for refugee status and the use of country information by migration tribunals. The investigation of each area moves beyond analysis of court and tribunal decisions and other publicly available information, to include interviews conducted by the author. The resulting analysis is steeped in practical insights.
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.
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
Written in clear and accessible language, this book offers an in depth and insightful review of the operations and functioning of the asylum appellate jurisdiction.A must read for those involved in the asylum decision-making process, this book is also highly recommended to anyone with an interest in administrative law or the asylum process itself.[The author's] assessment of the effectiveness and quality of asylum appeals is thought provoking and will almost certainly be a point of reference in future consultations and developments.
...an excellent analysis of refuge law which is underpinned by an empirical methodology that can rightly be compared to Mashaw's landmark study of American disability decision making. This landmark study will provide an enduring benchmark for any serious analysis of tribunals, administrative justice and refuge law and policy. A particular strength of this book lies in its analysis of the assessment of the credibility of applicants for refugee status and the use of country information by migration tribunals. The investigation of each area moves beyond analysis of court and tribunal decisions and other publicly available information, to include interviews conducted by the author. The resulting analysis is steeped in practical insights.
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.
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
Descriere
Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of asylum decision-making.