Book contents
- Refugee Law’s Fact-Finding Crisis
- Refugee Law’s Fact-Finding Crisis
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I
- Part II
- 2 Setting the Scene
- 3 The Wrong Mistake: Sending a Refugee Home
- 4 Resolving Doubt in the Claimant’s Favour
- 5 The Wrong Mistake: Accepting an Unfounded Claim
- 6 Resolving Doubt at the Claimant’s Expense
- 7 In the Hearing Room
- Part III
- Index
6 - Resolving Doubt at the Claimant’s Expense
from Part II
Published online by Cambridge University Press: 20 April 2018
Book contents
- Refugee Law’s Fact-Finding Crisis
- Refugee Law’s Fact-Finding Crisis
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I
- Part II
- 2 Setting the Scene
- 3 The Wrong Mistake: Sending a Refugee Home
- 4 Resolving Doubt in the Claimant’s Favour
- 5 The Wrong Mistake: Accepting an Unfounded Claim
- 6 Resolving Doubt at the Claimant’s Expense
- 7 In the Hearing Room
- Part III
- Index
Summary
When the Canadian Federal Court conceives of a refugee hearing as a regular legal proceeding, it sees no reason to depart from the common law’s traditional preference for resolving doubt against the party who brought the matter forward. It therefore attempts to ensure that the law of fact-finding functions here as it does elsewhere, with structures that resolve doubt at the claimant’s expense, and that reflect the familiar logic of a legal proceeding rather than the alien logic of a risk assessment.
- Type
- Chapter
- Information
- Refugee Law's Fact-Finding CrisisTruth, Risk, and the Wrong Mistake, pp. 133 - 160Publisher: Cambridge University PressPrint publication year: 2018