[PDF] Adjudicating Refugee And Asylum Status eBook

Author : Benjamin N. Lawrance
Publisher : Cambridge University Press
Page : 281 pages
File Size : 33,10 MB
Release : 2015-02-26
Category : Law
ISBN : 1107069068

GET BOOK

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.

Author : Andrew I. Schoenholtz
Publisher : NYU Press
Page : 287 pages
File Size : 13,42 MB
Release : 2014-01-03
Category : Law
ISBN : 0814708765

GET BOOK

- "Chock-full of insights and never-before-seen research... Compelling and well-timed... A must-read." - Shoba Sivaprasad Wadhia, Center for Immigrants' Rights, The Pennsylvania State University "A must-read... Often surprising, and always illuminating... Eminently readable." - Karen Musalo, U.C. Hastings College of Law

Author : Jaya Ramji-Nogales
Publisher : NYU Press
Page : 356 pages
File Size : 48,81 MB
Release : 2011-04-29
Category : Law
ISBN : 0814741061

GET BOOK

The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.

Author : David A. Martin
Publisher :
Page : 134 pages
File Size : 12,58 MB
Release : 1989
Category : Asylum, Right of
ISBN :

GET BOOK

Prepared for the Administrative Conference of the United States, an independent federal agency whose purpose is to improve procedures of US federal agencies, this report makes specific proposals for the reform of the US asylum adjudication system. The report first traces the evolution of the general international and US legal framework governing the treatment of refugees, then focuses on the factual issues inherent in the definition of refugee and the grant of refugee status. For comparative purposes, the systems of asylum adjudication of Canada, the Federal Republic of Germany, France, and Switzerland are summarized, after which a detailed review of the US adjudication system is undertaken. The report provides a detailed analysis of the US system, based, according to the author, on its alleged lack of accuracy, speed and fairness. Proposals for the reform of the US system are set forth and include: creating a professional corps of trained asylum adjudicators, the institution of a non-adversarial system for adjudicating and expediting asylum demands, through the creation of a New Asylum Board, consisting of an adjudication division, an appellate division and a documentation centre. Also limited but expeditious judicial review, and rapid deportation upon a final negative adjudication.

Author : Robert Thomas
Publisher : Bloomsbury Publishing
Page : 342 pages
File Size : 40,70 MB
Release : 2011-01-18
Category : Law
ISBN : 1847317723

GET BOOK

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.

Author : Jason M. Pobjoy
Publisher : Cambridge University Press
Page : 827 pages
File Size : 23,93 MB
Release : 2017-04-27
Category : Political Science
ISBN : 1316813002

GET BOOK

Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.