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The Migration Seminar: In courts we trust: administrative justice in Swedish migration courts

Tid: 2017-10-26 14:15 -- 2017-10-26 16:00
Plats: Seminar room 9th floor, MIM, Niagara, Nordenskiöldsgatan 1, Malmö University
Målgrupp: All interested in research

Welcome to the Migration Seminar with Livia Johannesson, Ph.D, Department of Political Science, Stockholm University.

 

Titel: "In courts we trust: administrative justice in Swedish migration courts"

Abstract:

In my dissertation I investigated how judicial practices generate administrative justice in asylum determination procedures. Previous research on immigration policies argues that when asylum determinations are processed in courts, principles of administrative justice are ensured and immigrants’ rights protected. I challenge that argument by approaching administrative justice as an empirical phenomenon open for different types of interpretations. Instead of assuming that administrative justice characterizes courts, I assume that this concept acquires particular meanings through the practices of the courts. Empirically, this dissertation studies practices of assessing asylum claims at the Swedish migration courts. By interviewing and observing judges at the migration courts, litigators from the Migration Board and public counsels from different law firms, this interpretive and ethnographic study analyzes how administrative justice acquires meanings in the daily practices of assessing asylum claims at the migration courts. 

The main result is that a ceremonial version of administrative justice is generated at the migration courts. This version of administrative justice forefronts symbolic dimensions of justice. The asylum appeal procedure succeeds in communicating justice through rituals, building design and metaphors, which emphasize objectivity, impartiality and certainty on behalf of the judicial practices. However, these symbols of justice disguise several unfair aspects of the asylum appeal procedure. The implications of these findings are that immigration policy research needs to reconsider the relationship between the courts and immigrants’ rights by paying more attention to the everyday practices of ensuing administrative justice in courts than on the instances when courts oppose political attempts to restrict immigrants’ rights.

The seminar will be held in English.

More seminars at MIM on The Migration Seminar. 

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