Administrative Law in Action

Immigration Administration

Robert Thomas (University of Manchester, UK)

$190

Hardback

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English

Hart Publishing
10 February 2022

Constitutional & administrative law; Immigration law

This book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK’s largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law.

The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department’s failings, the book advances positive proposals for its reform.

By: Robert Thomas (University of Manchester UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 640g
ISBN: 9781509953110
ISBN 10: 1509953116
Pages: 336
Publication Date: 10 February 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Administration and Law I. Immigration Administration II. Models of Administrative Law III. Concepts and Ideas to Investigate Administration and Law IV. The Plan of the Book 2. The Immigration Department I. Constituting Administration II. The Development of the Immigration Department III. Getting under the Surface IV. Conclusion 3. Administrative Policy-making: The Hostile Environment Policy and Windrush I. Policy-making II. The Hostile Environment III. Windrush IV. Policy-making Failures V. After and Beyond Windrush VI. Conclusion 4. Administrative Rules and Guidance I. Immigration Rules II. Choice of Rule-type III. Guidance and Policies IV. Human Rights and Rules V. Complex Rules and Simplification VI. Evaluating Rules VII. Conclusion 5. Caseworking I. Caseworking in General II. Processing Targets and Decision Quality III. Organising Caseworking IV. Styles of Immigration Rule-Application and Administrative Culture V. Internal Mechanisms to Enhance Decision Quality VI. Conclusion 6. Redress and Legal Challenges I. The Development of Immigration Administrative Law Remedies II. Administrative Review of Administrative Decisions III. Tribunal Appeals IV. Individual Judicial Reviews V. Responsible Administration: A Proactive Approach to Detecting Errors and Monitoring Administrative Action VI. Conclusion 7. Immigration Enforcement I. Immigration Enforcement and its Challenges II. Enforcement Options III. Enforcement Operations IV. Assessing Matters So Far V. Organising Enforcement Operations VI. Improving Enforcement Operations VII. Competent, Effective and Diverse Administration VIII. Conclusion 8. Judicial Review: Norms and Pragmatism I. Judicial Review and Administration II. Systemic Procedural Unfairness III. Principles of Legality 3 IV. Conclusion 9. Bureaucratic Oppression I. Bureaucratic Oppression and Immigration Administration II. Tribunals and Courts III. Complaint-handling Systems IV. Independent Inspection and Monitoring V. Immigration Detention VI. The Hostile Environment VII. Ameliorating Bureaucratic Oppression VIII. Conclusion 10. Conclusion I. Administrative Capacity and Performance II. Institutional Design and Administrative Legitimacy III. Reforming Immigration Administration IV. Legal Control and Bureaucratic Oppression V. Studying Administration and Administrative Law

Robert Thomas is Professor of Public Law at the University of Manchester, UK.

Reviews for Administrative Law in Action: Immigration Administration

Essential reading for anyone interested in migration, immigration policy, and administrative law. Thomas' deep institutional knowledge and keen eye for bureaucratic structure paints a grizzly picture of the UK immigration department. At the same time, Thomas remains engaged and offers thoughtful recommendations on how the department might be reconstituted and rid itself of bureaucratic oppression. -- Ingrid Eagly, UCLA School of Law * adminlawblog * Fresh, challenging and department-centred, this book is an important contribution to contemporary administrative law scholarship. Interweaving theory and principle with careful analysis of legal and administrative practice, Robert Thomas takes us on an eye-opening journey through the heavily contested field of immigration administration. Bravo! * Richard Rawlings, Professor of Public Law, University College London, UK *