International Law

Unwarranted deference for Canadian Refugee Adjudication

By immlawyer

I've finally completed my Major Research Paper (MRP) for my LLM. It's the final requirement for the degree. It was a great relief sending the draft to my supervisor this morning. The MRP is entitled "Unwarranted Deference to Canadian Refugee Adjudication" and discusses the issues facing the RPD.

To some degree, the RPD is hampered by legitimacy in decision making - RPD Members are often appointed based on patronage. The deference/respect shown to decisions of the RPD by the Federal Court is to some extent unjustified given the absence of the Refugee Appeal Division and the difficulties facing refugee adjudicators, including claims based on sexual orientation. While policy considerations exist in favour of wide judicial deference, justice must be obtained at the first instance and not in an after the fact judicial review exercise. Justice should not be denied because too many ask for it, or that its too expensive.

Full post as published by Canadian Immigration Blawg on November 25, 2009 (boomark / email).