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Do Women Refugee Judges Really Make a Difference? An Empirical Analysis of Gender and Outcomes in Canadian Refugee Determinations

Canadian Journal of Women and the Law, Vol. 23, p. 627, 2011

34 Pages Posted: 25 Nov 2011  

Sean Rehaag

York University - Osgoode Hall Law School

Date Written: November 23, 2011

Abstract

Previous research shows that adjudicator identity is a key determinant of outcomes in refugee claims. This article examines the impact of adjudicator gender. Using data on over 65,000 Canadian refugee determinations from 2004 to 2008, the article reveals that male adjudicators have slightly higher grant rates than female adjudicators. Moreover, this difference in grant rates is more pronounced in cases involving female principal applicants and in cases involving gender-based persecution. Despite the overall trend, however, female adjudicators with prior experience in women’s rights had higher average grant rates overall, in cases involving female claimants, and in cases involving gender-based persecution. The article concludes by considering implications for refugee policy and for research on gender and judging.

Keywords: Gender, Judging, Law, Refugee, Immigration, Empirical, Canada

Suggested Citation

Rehaag, Sean, Do Women Refugee Judges Really Make a Difference? An Empirical Analysis of Gender and Outcomes in Canadian Refugee Determinations (November 23, 2011). Canadian Journal of Women and the Law, Vol. 23, p. 627, 2011. Available at SSRN: https://ssrn.com/abstract=1963924

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-and-staff/rehaag-sean/

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