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Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.
List of contents
Introduction; Part I: 1. The wrong mistake; 1.1. The traditional economic approach; 1.2. A psychologically founded theory; 1.3. A comparative study; 1.4. Conclusion; Part II: 2. Setting the scene; 2.1. At the refugee board; 2.2. At the Federal Court; 2.3. The case study: method and findings; 3. The wrong mistake: sending a refugee home; 3.1. Wrongly disbelieving the claimant; 3.2. Overlooking objective danger; 3.3. Denying claims on procedural grounds; 3.4. Conclusion; 4. Resolving doubt in the claimant's favour; 4.1. The burden of proof; 4.2. Standards of proof; 4.3. Presumption of truthfulness; 4.4. Conclusion; 5. The wrong mistake: accepting an unfounded claim;: 5.1. Refugee claimants are ordinary litigants; 5.2. The member is an ordinary decision-maker; 5.3. Conclusion; 6. Resolving doubt at the claimant's expense; 6.1. The burden of proof; 6.2. Standards of proof; 6.3. Presumptions; 6.4. Conclusion; 7. In the hearing room: 7.1. Conflicting standards of proof; 7.2. Permissible inferences: rational action and memory; 7.3. Conclusion; Part III: 8. A way forward; 8.1. The wrong mistake in international refugee law; 8.2. The Karanakaran approach; 8.3. Refugee status determination as an abductive risk assessment; 8.4. Conclusion.
About the author
A former litigator, Hilary Evans Cameron represented refugee claimants for a decade. She holds a doctorate in refugee law from the University of Toronto and is the author of numerous publications including a book about the law of fact-finding in refugee status decision-making (Refugee Law's Fact-finding Crisis: Truth, Risk, and the Wrong Mistake, Cambridge 2018). Her research, which largely focuses on credibility assessment in refugee status decision-making, has been influential internationally and was included in a leading anthology of 'the finest scholarship available' in refugee law from the 1930s to the present (Hathaway 2014). Dr. Evans Cameron was the Canadian Social Sciences and Humanities Research Council's 2017 Bora Laskin National Fellow in Human Rights Research. She is an Assistant Professor at Ryerson University's Faculty of Law.
Summary
With refugee crises featuring in the news daily, the failures of refugee law and refugee protection are increasingly apparent. This book suggests a way forward. For scholars and students of refugee law, refugee studies, forced migration, and administrative law, along with lawyers and policy actors.
