Abstract

http://ssrn.com/abstract=2027517
 


 



Judicial Review of Refugee Determinations: The Luck of the Draw?


Sean Rehaag


York University - Osgoode Hall Law School

March 22, 2012

Queen's Law Journal, Vol. 38, No. 1, 2012
Osgoode CLPE Research Paper No. 9/2012

Abstract:     
This article offers an empirical examination of judicial review in Canada’s Federal Court in the refugee law context. Drawing on a dataset of over 23,000 applications for judicial review of refugee determinations from 2005 to 2010, the paper examines whether outcomes in these life-and-death applications turn on their merits, or whether, instead, they hinge on which judge is assigned to decide the application. The paper reveals that outcomes over the past five years frequently came down to the luck of the draw, with, for example, one judge more than 50 times as likely to grant applications than another judge. Based on these findings, the author offers several recommendations for reform to enhance fairness and consistency in this important area of law.

Number of Pages in PDF File: 58

Keywords: Refugee law, immigration law, administrative law, public law, adjudication, Canada, Federal Court, access to justice, empirical legal studies

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Date posted: March 24, 2012 ; Last revised: March 9, 2013

Suggested Citation

Rehaag, Sean, Judicial Review of Refugee Determinations: The Luck of the Draw? (March 22, 2012). Queen's Law Journal, Vol. 38, No. 1, 2012; Osgoode CLPE Research Paper No. 9/2012. Available at SSRN: http://ssrn.com/abstract=2027517 or http://dx.doi.org/10.2139/ssrn.2027517

Contact Information

Sean Rehaag (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
HOME PAGE: http://www.osgoode.yorku.ca/faculty/full-time/sean-rehaag
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