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Administrative Justice and Asylum Appeals - A Study of Tribunal Adjudication (Paperback, New)
Loot Price: R4,273
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Administrative Justice and Asylum Appeals - A Study of Tribunal Adjudication (Paperback, New)
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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. How are we to assess and evaluate the quality of the
tribunal systems that do the day-to-day work of adjudicating the
disputes individuals have with government? This highly topical book
examines how the idea of adjudicative quality works 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. Integrating empirical research with legal
analysis, the book provides an in-depth study of the development
and operation of the tribunal system and of asylum decision-making.
It examines how this particular appeal process seeks to mediate the
tension between the competing values under which it operates. The
book looks at the organization of the tribunal system, its
procedures, the nature of fact-finding in asylum cases, and the
operation of onward rights of challenge. It also looks at 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. Filling a gap in this
area of study, the book will be of value to all those interested in
administrative law and asylum adjudication. This book is the First
place winner of the Society of Legal Scholars Birks Prize for
Outstanding Legal Scholarship 2011.
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