Balancing acts : Six acts in search of equilibrium

Billings, Peter (2006) Balancing acts : Six acts in search of equilibrium. Journal of Immigration, Asylum and Nationality Law, 20 3: 197-209.

Author Billings, Peter
Title Balancing acts : Six acts in search of equilibrium
Journal name Journal of Immigration, Asylum and Nationality Law   Check publisher's open access policy
ISSN 1746-7632
Publication date 2006
Sub-type Article (original research)
Volume 20
Issue 3
Start page 197
End page 209
Total pages 13
Place of publication West Sussex, England, U.K.
Publisher Bloomsbury Professional
Language eng
Subject 1801 Law
Formatted abstract
The Immigration, Asylum and Nationality Act 2006 represents the latest attempt to achieve a balanced approach to asylum and immigration regulation. This article takes the broad criteria of fairness and efficiency as being at the root of administrative justice and aims to identify how particular values that correspond to fairness and efficiency permeate, and are respected in, asylum administration and adjudication: ex ante and ex post. Moreover, where those values give rise to inevitable tensions, the article will examine and evaluate how they have been resolved by bureaucrats, legislators and judiciary. The repeated attempts to regulate asylum determination processes offer a striking example of how the normative and functional aspects of public law and different bureaucratic and legal priorities within the executive branch and judiciary are often incommensurable.
Keyword Administrative justice
Refugee status determination
Public law values
Fairness and efficiency
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status Unknown

Document type: Journal Article
Sub-type: Article (original research)
Collections: Excellence in Research Australia (ERA) - Collection
TC Beirne School of Law Publications
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Created: Tue, 10 Feb 2009, 10:43:52 EST by Maria Campbell on behalf of T.C. Beirne School of Law