Migrants and the Courts: A Century of Trial and Error?


Geoffrey Care


Migrants and the Courts: A Century of Trial and Error?

Written in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.


‘Immigration and asylum are rarely off the front pages of British newspapers and increasingly the decisions of British judges on whether people should be allowed to stay in the UK are also matter of public discussion in the papers. This fascinating book gives the reader an insight into why and how this has happened. How did immigration control and refugee protection become part of British law and move from an area where administrative discretion was exercised in quiet back rooms to one characterized by the objectives of transparency and judicial oversight? This book provides extraordinary insights which answer at least some of these questions. Written by a judge whose professional career spanned the most important period of this transformation, this book explains how rule of law came to a field of administrative authority and why.’Elspeth Guild, Queen Mary, University of London, UK and Radboud University Nijmegen, Netherlands

‘Geoffrey Care is a realist, candidly acknowledging that there is no such thing as a perfect procedure for assessing refugee status. Yet this book rightly insists that nothing less than transparency and accountability in making these life-and-death decisions is acceptable, and shows how best to get there.’James C. Hathaway, University of Michigan, USA

‘A fascinating history, told with interesting anecdotal first hand commentaries, of the first 40 years of immigration and asylum appeals in UK. Geoffrey Care highlights the pains and strains of the huge growth in numbers and the constant battle for independent judicial decision making. Complimented with excellent country comparatives this is important reading for all decision makers, judges, government policy makers, and politicians, lawyers, academics and media commentators.’Allan Mackey, Former President, IARLJ, Senior Immigration Judge, UK, Chair of Refugee and Residence Appeal Authorities, New Zealand, Visiting Lecturer University of Tokyo, Japan

‘This rare and fascinating book integrates theory and practice to further the development of immigration and refugee law. It presents a truly useful guide for practitioners and will be a valuable resource for all those concerned with this area.’Jacek Chlebny, Supreme Administrative Court Warsaw, Poland and Council of IARLJ

‘An excellent book on migration issues written in a very lucid style. It touches on all important aspects related to migration, important legislations and the rule of law in countries of asylum and highlights the challenges faced by the state parties in dealing with immigrants. Important decisions of immigration tribunals and courts are adequately included in various chapters which enhance this interesting and unique book.’Manoj Sinha, The West National University of Juridical Sciences, India

‘An entertainingly written and excellently researched work – a unique historical account of the role of the judiciary as a central independent pillar in migration issues. The robustly expressed and reasoned views are a timely corrective to many ill-founded political and media comments on the judicial approach to such issues.’David Jackson, Former Vice President, Immigration Appeal Tribunal, UK

‘Erudite, engaging, entertaining and constructively critical where appropriate, the author skilfully, and with refreshing candour, provides historical perspective, information and insight into the migrant issues which have contributed to what is the contemporary UK asylum/migration process. A book that was waiting to be written now is waiting to be read!’Rebecca M.M. Wallace, Robert Gordon University, UK

Book Details

  • Series: Law and Migration
  • Publisher: Ashgate Pub Co; New edition edition (May 30, 2014)
  • Language: English
  • ISBN-10: 1409451968
  • ISBN-13: 978-1409451969


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