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Judicial review, ouster clauses, and the democratic credentials of the judiciary in the United Kingdom
Published 2025“…This article draws on dicta from Laws LJ, as he then was, in the Divisional Court case of Cart v Upper Tribunal to offer two reasons why this is false. …”
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The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber
Published 2022-04-01“…I then show how Immigration Judges in the Upper Tribunal of the IAC assess expert evidence in ‘country guidance’ cases decided between 2015 and 2019. …”
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The Merits of “Merits” Review: A Comparative Look at the Australian Administrative Appeals Tribunal
Published 2010-10-01“…In the U.K., recent legislation [the Tribunals, Courts and Enforcement Act] merged numerous specialized tribunals into a single first-tier tribunal with much stronger guarantees of independence than previously existed. An upper tribunal hears appeals from the first tier and largely supplants judicial review. …”
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The Eritrean Military/National Service Programme: Slavery and the Notion of Persecution in Refugee Status Determination
Published 2021-04-01“…This article discusses <i>MST and Others</i>, the latest Country Guidance case on Eritrea issued by the UK Upper Tribunal Immigration and Asylum Chamber (“UTIAC”), and also the lead case <i>E-5022/2017</i> of the Swiss Federal Administrative Court (“FAC”), which to a large extent replicated the UTIAC’s approach. …”
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Article