Published In

Federal Law Review

Document Type

Article

Publication Date

2003

Subjects

refugee law; lesbians; gay men; homosexuals; evidence; human rights; administrative decision-making

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.

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