The tribunal atmosphere

on qualitative barriers to access to justice

Nick Gill, Jennifer Allsopp, Andrew Burridge, Daniel Fisher, Melanie Griffiths, Natalia Paszkiewicz, Rebecca Rotter

Research output: Contribution to journalArticle

Abstract

Vulnerable groups’ direct experiences and impressions of British courts and tribunals have often been overlooked by politicians and policy makers (JUSTICE, 2019). This paper takes a geographical, empirical approach to access to justice to respond to these concerns, paying attention to the atmosphere of First Tier Immigration and Asylum Tribunal hearings to explore the qualitative aspects of (in)access to justice during asylum appeals. It draws on 41 interviews with former appellants and 390 observations of hearings in the First tier immigration and asylum tribunal to unpack the lived experiences of tribunal users and to identify three ways in which the atmosphere in tribunals can constitute a barrier to access to justice. First, asylum appellants are frequently profoundly disorientated upon arrival at the tribunal. Second, appellants become distrustful of the courtroom when they cannot see it as independent of the state. Third they often experience the courtroom procedures and the interactions that take place as disrespectful, inhibiting their participation. These insights demonstrate how the concept of ‘atmosphere’ can illuminate legal debates in valuable ways. Additionally we argue that legal policy making must find better ways to take vulnerable litigants’ experiences into account.

Original languageEnglish
Pages (from-to)61-71
Number of pages11
JournalGeoforum
Volume119
DOIs
Publication statusPublished - Feb 2021
Externally publishedYes

Bibliographical note

Copyright the Author(s) 2020. Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

  • Appeal
  • Asylum
  • Court
  • Immigration
  • Justice
  • Refugee

Fingerprint Dive into the research topics of 'The tribunal atmosphere: on qualitative barriers to access to justice'. Together they form a unique fingerprint.

Cite this