ADMINISTRATIVE JUSTICE AND ASYLUM APPEALS. A Study of Tribunal Adjudication
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.