Asylum appeal hearing observations at First-tier Tribunal hearing centres in the UK, 2013-2016

DOI

Quantitative collection of observations of 240 First-Tier Tribunal (Immigration and Asylum Chamber) substantive asylum appeal hearings and 50 First-Tier Tribunal (Immigration and Asylum Chamber) substantive Detained Fast Track asylum appeal hearings in the UK. For each individual hearing, observations of 809 and 889 variables resp. were recorded. The data collection contains two versions with different access conditions: a version available to registered users (RUO) containing 91 and 46 cases; and a closed version (CA) of all cases for which access can be requested from the depositor. During the research also qualitative data were collected: ethnographic research diaries completed by researchers who observed around 100 asylum appeal hearings from the public gallery of the tribunal rooms; and interviews with asylum appellants, clerks, interpreters, friends of appellants, and legal actors. These data are not included here. When asylum seekers' claims for asylum get refused they often appeal in front of an immigration judge at a hearing centre that is part of the First-tier Tribunal (Immigration and Asylum Chamber). Little academic work has examined how these hearings are conducted in practice. Are they conducted consistently, for example, and if not how do they vary? While aggregate data on outcomes (that is, the decisions of judges) can be obtained by court, no record of the happenings during these hearings is made publicly available. As a result a clear view of the procedures of the tribunal, and hence of procedural justice, remains obscured. This project examined in detail what happens during asylum appeal hearings through ethnography, interviews and via a survey. In so doing it aims to explore the degree to which process varies according to a number of factors including the location of hearings, the scheduling of the case, the gender of appellant and judge and whether the appellant is unrepresented. Alongside these specific questions, the data deposited here - which is derived from the survey-based part of the project - offers a unique view onto a legal process that it rarely examined in detail from the perspective of what actually happens during the hearings.

Three researchers observed a total of 290 substantive asylum appeal hearings (240 standard and 50 Detained Fast Track) in their entirety at three hearing centres in the UK. For each hearing, the researchers completed a Pro Forma in real time; in some cases the Pro Forma was a paper form but in most cases it was a fillable PDF form loaded onto an electronic tablet or small laptop. The Pro Forma covered a comprehensive range of variables in each hearing. Data from the Pro Forma was manually entered into a spreadsheet in the case of the paper form and electronically extracted into a spreadsheet in the case of the PDF form. Data collection took place over the periods February 2014-August 2014 (Standard Hearings) and September-December 2014 (Detained Fast Track hearings). A sample size of approximately 80 hearings per hearing centre was selected to allow us to generate generalisable findings. We estimate that our sample of 290 appeals accounts for around 4.7% of the total number of appeals determined during 2014.

Identifier
DOI https://doi.org/10.5255/UKDA-SN-852032
Metadata Access https://datacatalogue.cessda.eu/oai-pmh/v0/oai?verb=GetRecord&metadataPrefix=oai_ddi25&identifier=bf53cc8b298212348a06aea2d299c08dc11d6cd8cf588356269b5cd8e6808a7e
Provenance
Creator Gill, N, University of Exeter; Rotter, R, University of Edinburgh; Burridge, A, University of Exeter; Allsopp, J, University of Oxford
Publisher UK Data Service
Publication Year 2019
Funding Reference Economic and Social Research Council
Rights Nick Gill, University of Exeter; The Data Collection is available for download to users registered with the UK Data Service. Requests for access to CA files are subject to the permission of the data owner or his/her nominee. Please email the contact person for this data collection to request permission to access the data, explaining your reason for wanting access to the data, then contact our Access Helpdesk.
OpenAccess true
Representation
Language English
Resource Type Numeric; Text
Discipline Geography; Geosciences; Geospheric Sciences; Jurisprudence; Law; Natural Sciences; Social and Behavioural Sciences
Spatial Coverage United Kingdom