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8 - A Way Forward

from Part III

Published online by Cambridge University Press:  20 April 2018

Hilary Evans Cameron
Affiliation:
Ryerson University
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Summary

Which mistake is worse: to deny a refugee claim that should have been granted, or to grant a claim that should have been denied? The first part of this chapter argues that denying a genuine claim is the wrong mistake under international refugee law. Two core elements of the refugee protection doctrine – the non-refoulement principle, and the declaratory nature of refugee status determination – combine to create an apparent problem within the law. This problem can only, and can neatly, be solved by recognizing that states have a duty to structure refugee status decision-making to err in the claimant’s favour. The second part, drawing on UK and Australian jurisprudence, proposes a new approach to refugee status decision-making that reflects this legal imperative to resolve doubt in the claimant’s favour. It argues that a model of legal reasoning built on abductive rather than inductive inference would best equip refugee status decision-makers to fulfil their risk assessment obligations under the Convention.
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Chapter
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Refugee Law's Fact-Finding Crisis
Truth, Risk, and the Wrong Mistake
, pp. 175 - 211
Publisher: Cambridge University Press
Print publication year: 2018

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  • A Way Forward
  • Hilary Evans Cameron
  • Book: Refugee Law's Fact-Finding Crisis
  • Online publication: 20 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781108551908.009
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  • A Way Forward
  • Hilary Evans Cameron
  • Book: Refugee Law's Fact-Finding Crisis
  • Online publication: 20 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781108551908.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • A Way Forward
  • Hilary Evans Cameron
  • Book: Refugee Law's Fact-Finding Crisis
  • Online publication: 20 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781108551908.009
Available formats
×