000			01495pab a2200181 454500
008			180718b2018 xxu||||| |||| 00| 0 eng d
100			_aGill, Nick et al
245			_aThe limits of procedural discretion: unequal treatment and vulnerability in Britain's asylum appeals
260			_c2018
300			_ap.49-78.
362			_aFeb
520			_aStudies 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ﾒ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. - Reproduce
650			_aAsylum - right of
650			_aJudicial discretion
650			_aAdministrative law - UK
773			_aSocial & Legal Studies
909			_a116536
999			_c116530 _d116530