Administrative Justice And Asylum Appeals
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Administrative Justice And Asylum Appeals
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Author : Robert Thomas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-01-18
Administrative Justice And Asylum Appeals written by Robert Thomas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-18 with Law categories.
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.
Let Me Be A Refugee
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Author : Rebecca Hamlin
language : en
Publisher: Oxford University Press
Release Date : 2014-08-19
Let Me Be A Refugee written by Rebecca Hamlin and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-19 with Political Science categories.
International law provides states with a common definition of a "refugee" as well as guidelines outlining how asylum claims should be decided. Yet even across nations with many commonalities, the processes of determining refugee status look strikingly different. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations: the United States, Canada, and Australia. Though they exhibit similarly high levels of political resistance to accepting asylum seekers, refugees access three very different systems-none of which are totally restrictive or expansive-once across their borders. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being designated as refugees. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Rebecca Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with how insulated administrative decision-making is from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.
Immigration Appeals And Remedies Handbook
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Author : Mark Symes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-04-30
Immigration Appeals And Remedies Handbook written by Mark Symes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.
Immigration Appeals and Remedies Handbook, Second Edition covers all aspects of immigration and nationality appeals and challenges to decisions via administrative and judicial review. It explains the rights of appeal to the First-tier Tribunal onwards to the Upper Tribunal and higher courts, including practice and procedure and issues arising from remote hearings by video link. This Second Edition provides clarity of approach through the extensive use of checklists and bullet points. It also includes a new chapter on remote hearings, along with a myriad of other issues including: - Developments in human rights appeals - EU Citizens' Rights Appeals post-Brexit - The scope of nationality appeals - Practice and procedure in SIAC - Disclosure, costs, vulnerable witnesses and capacity - Remedies against dishonesty allegations - Immigration public law: practice and procedure This is an essential title for all immigration law practitioners, judiciary in both the tribunals and senior courts, law libraries, academics and students.
Immigration Judicial Reviews
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Author : Robert Thomas
language : en
Publisher: Springer Nature
Release Date : 2022-01-01
Immigration Judicial Reviews written by Robert Thomas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-01 with Social Science categories.
This book analyses how the system of immigration judicial reviews works in practice, as an area which has, for decades, constituted the majority of judicial review cases and is politically controversial. Drawing upon extensive empirical research and unprecedented research access, it explores who brings judicial review challenges against immigration decisions and why, the type of immigration decisions that are challenged, how cases proceed through the judicial review process, how cases are settled out of court, and how judicial review interacts with other legal and non-legal remedies. It also examines the quality of immigration judicial review claims and the quality of the initial administrative decisions being challenged. Through developing a novel account of the operation of the immigration judicial review system in practice and the lived experience of it by judges, representatives, and claimants, this book adds a significant new perspective to the wider understanding of judicial review.
Migrants And The Courts
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Author : Geoffrey Care
language : en
Publisher: Routledge
Release Date : 2016-04-22
Migrants And The Courts written by Geoffrey Care and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Written in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.
Administrative Law In Action
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Author : Robert Thomas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-10
Administrative Law In Action written by Robert Thomas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-10 with Law categories.
This book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK's largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law. The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department's failings, the book advances positive proposals for its reform.
Asylum And Immigration Tribunal
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Author : Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
language : en
Publisher:
Release Date : 2009
Asylum And Immigration Tribunal written by Great Britain. Parliament. House of Commons. Constitutional Affairs Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Appellate procedure categories.
Asylum and Immigration Tribunal : The appeals process, oral and written evidence, 21 March 2006, Hon Mr Justice Hodge OBE, President, Asylum and Immigration Tribunal, and Hon Mr Justice Collins, Lead Judge, Administrative Court
Responsive Legality
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Author : Zach Richards
language : en
Publisher: Routledge
Release Date : 2018-08-06
Responsive Legality written by Zach Richards and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with Law categories.
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined ‘responsive legality’. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and – towards the end of the century – the logics of ‘new managerialism’, the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
Cruel Inhuman Or Degrading Treatment
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Author : Michael Adler
language : en
Publisher: Palgrave Pivot
Release Date : 2018-07-10
Cruel Inhuman Or Degrading Treatment written by Michael Adler and has been published by Palgrave Pivot this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-10 with Social Science categories.
The book subjects the largely hidden phenomenon of benefit sanctions in the UK to sustained examination and critique. It comprises twelve chapters dealing with the terms ‘cruel’, ‘inhuman’ and ‘degrading’ that are used as a benchmark for assessing benefit sanctions; benefit sanctions as a matter of public concern; the historical development of benefit sanctions in the UK; changes in the scope and severity of benefit sanctions; conditionality and the changing relationship between the citizen and the state; the impact and effectiveness of benefit sanctions; benefit sanctions and administrative justice; the role of law in protecting the right to a social minimum; a comparison of benefit sanctions with court fines; benefit sanctions and the rule of law; and what, if anything, can be done about benefit sanctions. Each chapter ends with a paragraph that attempts to highlight the most salient points in that chapter, and the book ends with a short conclusion in which benefit sanctions are assessed against the chosen benchmark.
Justice In The Digital State
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Author : Tomlinson, Joe
language : en
Publisher: Policy Press
Release Date : 2019-05-29
Justice In The Digital State written by Tomlinson, Joe and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-29 with Law categories.
Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernization of courts and tribunals whilst re-examining the effects on technology on established systems. Case studies investigate the rise of crowdfunded judicial reviews, the increasing use of data in justice system design, the digitalisation of tribunals, and the rise of ‘agile’ methodologies in building administrative justice systems. Joe Tomlinson’s cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption. Available Open Access under CC-BY-NC licence.