39 research outputs found
The limits of procedural discretion:Unequal treatment and vulnerability in Britain’s asylum appeals
Get PDFThis is the final version of the article. Available from SAGE Publications via the DOI in this record.Studies of procedural in-court judicial discretion have highlighted a dilemma between the imperative to reduce it owing to its potential misuse and preserve it owing to its importance in protecting vulnerable groups. This article offers a new framework with which to enter this debate and new quantitative empirical evidence that favours the former position over the latter. Drawing upon 240 in-person observations of Britain’s First Tier Tribunal (Immigration and Asylum Chamber), the article demonstrates that judicial discretionary behaviour that is either vulnerability-neutral, vulnerability-amplifying or correlated with extraneous factors outweighs vulnerability-redressing behaviour, despite the sensitivity of this particular jurisdiction and the guidelines that consequently exist for judges. These findings lend support to calls to limit judicial procedural discretion. The article concludes by offering some cost-effective suggestions about how to do so.The research was funded by the Economic and Social Research Council, grant number ES/J023426/1
Metal Grid Structures for Enhancing the Stability and Performance of Solution‐Processed Organic Light‐Emitting Diodes
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Experiencing Asylum Appeal Hearings:34 Ways to Improve Access to Justice at the First-tier Tribunal
Get PDFThe tribunal atmosphere: On qualitative barriers to access to justice
Get PDFVulnerable groups’ direct experiences and impressions of British courts and tribunals have often been overlooked by politicians and policy makers (JUSTICE, 2019). This paper takes a geographical, empirical approach to access to justice to respond to these concerns, paying attention to the atmosphere of First Tier Immigration and Asylum Tribunal hearings to explore the qualitative aspects of (in)access to justice during asylum appeals. It draws on 41 interviews with former appellants and 390 observations of hearings in the First tier immigration and asylum tribunal to unpack the lived experiences of tribunal users and to identify three ways in which the atmosphere in tribunals can constitute a barrier to access to justice. First, asylum appellants are frequently profoundly disorientated upon arrival at the tribunal. Second, appellants become distrustful of the courtroom when they cannot see it as independent of the state. Third they often experience the courtroom procedures and the interactions that take place as disrespectful, inhibiting their participation. These insights demonstrate how the concept of ‘atmosphere’ can illuminate legal debates in valuable ways. Additionally we argue that legal policy making must find better ways to take vulnerable litigants’ experiences into account
Rethinking commonality in refugee status determination in Europe: Legal geographies of asylum appeals
Get PDFThe Common European Asylum System aims to establish common standards for refugee status determination among EU Member States. Combining insights from legal and political geography we bring the depth and scale of this challenge into sharp relief. Drawing on interviews and a detailed ethnography of asylum adjudication involving over 850 in-person asylum appeal observations, we point towards practical differences in the spatio-temporality, materiality and logistics of asylum appeal processes as they are operationalised in seven European countries. Our analysis achieves three things. Firstly, we identify a key zone of differences at the level of concrete, everyday implementation that has largely escaped academic attention, which allows us to critically assess the notion of harmonisation of asylum policies in new ways. Secondly, drawing on legal- and political-geographical concepts, we offer a way to conceptualise this zone by paying attention to the spatio-temporality, materiality and logistics it involves. Thirdly, we offer critical legal logistics as a new direction for scholarship in legal geography and beyond that promises to prise open the previously obscured mechanics of contemporary legal systems
FAST INdiCATE Trial protocol. Clinical efficacy of functional strength training for upper limb motor recovery early after stroke : neural correlates and prognostic indicators
Get PDF© 2013 The Authors. International Journal of Stroke published by John Wiley & Sons Ltd on behalf of World Stroke Organization. Funded by: Efficacy and Mechanism Evaluation programme. Grant Number: 10/60/30 Medical Research Council (MRC)Peer reviewedPublisher PD
Can we successfully avoid persistent contrails by small altitude adjustments of flights in the real world?
Get PDFThis paper describes the first-ever operational contrail avoidance trial in the real world, which took place in the region of Maastricht Upper Area Control (including the northwest of Germany, the Benelux
countries and part of the North Sea) in the year 2021. Contrail avoidance could be an efficient method for mitigating the climate impact of aviation. Applying a deliberate experiment design, air traffic was deviated every other day by changing the flight altitude by up to 2000 ft up or down if potential persistent contrails were predicted. Whether deviations were successful on average was checked using
satellite images of high clouds and by application of a contrail detection algorithm, which makes use of the properties of contrails. Despite the fact that forecasting persistent contrails remains a challenge, the trial was successful at a significance level of 97.5 %, i.e., on average persistent contrails can be avoided for regular flights in the real world with a small intervention in the vertical flight path. The experiment is an important step towards a regular operational reduction of the aviation climate impact by means of air traffic management. Nevertheless, many open questions need to be solved prior to an operational implementation of contrail avoidance or climate optimised flight trajectories in legal ATM procedures
Can we successfully avoid persistent contrails by small altitude adjustments of flights in the real world?
Get PDFThis paper describes the first-ever operational contrail avoidance trial in the real world, which took place in the region of Maastricht Upper Area Control (including the northwest of Germany, the Benelux
countries and part of the North Sea) in the year 2021. Contrail avoidance could be an efficient method for mitigating the climate impact of aviation. Applying a deliberate experiment design, air traffic was deviated every other day by changing the flight altitude by up to 2000 ft up or down if potential persistent contrails were predicted. Whether deviations were successful on average was checked using
satellite images of high clouds and by application of a contrail detection algorithm, which makes use of the properties of contrails. Despite the fact that forecasting persistent contrails remains a challenge, the trial was successful at a significance level of 97.5 %, i.e., on average persistent contrails can be avoided for regular flights in the real world with a small intervention in the vertical flight path. The experiment is an important step towards a regular operational reduction of the aviation climate impact by means of air traffic management. Nevertheless, many open questions need to be solved prior to an operational implementation of contrail avoidance or climate optimised flight trajectories in legal ATM procedures
