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Burdened by Proof: How the Australian Refugee Review Tribunal has Failed Lesbian and Gay Asylum Seekers

Federal Law Review, Vol. 31, pp. 299-342, 2003

44 Pages Posted: 18 Apr 2005  

Catherine Dauvergne

University of British Columbia - Faculty of Law

Jenni Millbank

University of Technology, Sydney, Faculty of Law

Abstract

Our argument in this paper is that the evidentiary practices and procedures that have been developed by the Australian Refugee Review Tribunal are operating at a routinely low standard. Such practices contribute to decisions that are manifestly unfair and potentially wrong in law. Our conclusions are drawn from our detailed study of more than 300 refugee tribunal decisions made in Canada and Australia in response to asylum claims brought by lesbians and gay men.

Keywords: refugee law, lesbians, gay men, homosexuals, evidence, human rights, administrative decision-making

JEL Classification: K34, K32

Suggested Citation

Dauvergne, Catherine and Millbank, Jenni, Burdened by Proof: How the Australian Refugee Review Tribunal has Failed Lesbian and Gay Asylum Seekers. Federal Law Review, Vol. 31, pp. 299-342, 2003. Available at SSRN: https://ssrn.com/abstract=700503

Catherine Dauvergne

University of British Columbia - Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
604-822-6506 (Phone)
604-822-8108 (Fax)

Jenni Millbank (Contact Author)

University of Technology, Sydney, Faculty of Law ( email )

Australia

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