Reforming Asylum Adjudication
Author | : David A. Martin |
Publisher | : |
Total Pages | : 182 |
Release | : 1989 |
Genre | : Asylum, Right of |
ISBN | : |
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Author | : David A. Martin |
Publisher | : |
Total Pages | : 182 |
Release | : 1989 |
Genre | : Asylum, Right of |
ISBN | : |
Author | : David A. Martin |
Publisher | : |
Total Pages | : 134 |
Release | : 1989 |
Genre | : Asylum, Right of |
ISBN | : |
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 | : Jaya Ramji-Nogales |
Publisher | : NYU Press |
Total Pages | : 356 |
Release | : 2011-04-29 |
Genre | : Law |
ISBN | : 0814741061 |
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 | : United States. Congress. House. Committee on the Judiciary. Subcommittee on International Law, Immigration, and Refugees |
Publisher | : |
Total Pages | : 472 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Author | : Andrew Ian Schoenholtz |
Publisher | : Georgetown University Press |
Total Pages | : 224 |
Release | : 2021 |
Genre | : Asylum, Right of |
ISBN | : 1647121078 |
The Trump administration's war on asylum and what we can do about it
Author | : Philip G. Schrag |
Publisher | : NYU Press |
Total Pages | : 288 |
Release | : 2014-01-03 |
Genre | : Law |
ISBN | : 1479865982 |
Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors’ recommendations, including repeal of the one-year deadline, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and Refugee Policy |
Publisher | : |
Total Pages | : 300 |
Release | : 1982 |
Genre | : Asylum, Right of |
ISBN | : |
Author | : Arthur C. Helton |
Publisher | : |
Total Pages | : 9 |
Release | : 1983 |
Genre | : Asylum, Right of |
ISBN | : |
Author | : Arnold & Porter |
Publisher | : American Bar Association |
Total Pages | : 292 |
Release | : 2010 |
Genre | : Law |
ISBN | : |