Judicial Review of Refugee Determinations (II): Revisiting the Luck of the Draw

Abstract

This article updates an earlier empirical study of decision-making in the refugee law context in Canada’s Federal Court. The initial study found that outcomes in Federal Court applications for judicial review of refugee determinations depended all too often on the luck of the draw – on which judge decided the case. Since the initial study was released, the Federal Court has adopted measures to address variations in grant rates across judges. Drawing on data collected from over 33,000 online Federal Court dockets from 2008 to 2016, the article examines whether those measures have been successful and what further reforms should be pursued.

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