Soft Law for Hard Decisions - SJD dissertation - Linda Kirk - minor revisions - FINAL.pdf (1.83 MB)
Soft Law for Hard Decisions: Administrative Appeals Tribunal Guidance Decisions for Protection Visa Determination under the Migration Act
thesisposted on 2022-02-15, 02:29 authored by LINDA JEAN KIRK
The thesis examines the development and use by the Administrative Appeals Tribunal (AAT) of Guidance Decisions in its protection visa jurisdiction under the Migration Act. It anchors the power of the AAT to develop soft law guidance in administrative law theory and Australian jurisprudence. Drawing on the soft law guidance practices of the Immigration and Refugee Board in Canada and the Upper Tribunal (Immigration and Asylum Chamber) in the United Kingdom it proposes a process for the identification by the AAT of Guidance Decisions.