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Let Me Be a RefugeeAdministrative Justice and the Politics of Asylum in the United States, Canada, and Australia$
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Rebecca Hamlin

Print publication date: 2014

Print ISBN-13: 9780199373307

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780199373307.001.0001

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Courting Asylum

Courting Asylum

The Judicialization of RSD in the United States

Chapter:
(p.65) Chapter 4 Courting Asylum
Source:
Let Me Be a Refugee
Author(s):

Rebecca Hamlin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199373307.003.0004

This chapter outlines the process and the key institutional players that are involved in refugee status determination in the United States. The regime is based on a conceptualization of administrative justice that values thorough vetting and hearing a multiplicity of perspectives. A culture of adversarial legalism, politicized interactions, and fragmentation of decision-making has led to an increased judicial role in migration policy over time, particularly involving the Federal Courts of Appeals.

Keywords:   United States, asylum, refugee, administrative, adversarial legalism, judiciary

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