Judging Asylum and Immigration Claims: The Human Rights Act and the Refugee Convention

Immigration appeals have not received much attention from legal scholars or from public administrators. This is despite the increased interest in asylum law, practice and decisions. There is much to be considered in relation to the jurisdiction of the immigration appellate process to include human rights issues arising in immigration and asylum decisions taken by the Home Office after 2 October 2000. The nature of the appellate process, especially in asylum cases, is analysed. The question of the best form of hearing (adversarial, inquisitorial) is discussed. Issues of expert evidence, credibility and the form of adjudication are also addressed. Finally, the political context of asylum decisions is considered.