(PDF) Let Me Be a Refugee: Administrative Justice and the Politics of Asylum in the United States, Canada, and Australia

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International law provides states with a common definition of a
'refugee' as well as guidelines outlining how asylum claims
should be decided. Yet even across nations with many
commonalities, the processes of determining refugee status
look strikingly different. This book compares the refugeestatus
determination (RSD) regimes of three popular asylum seeker
destinations: the United States, Canada, and Australia.
Though they exhibit similarly high levels of political resistance
to accepting asylum seekers, refugees access three very
different systemsnone of which are totally restrictiveor
expansiveonce across their borders. These differences are
significant both in terms of asylum seekers' experience of the
process and in terms of their likelihood of being designated as
refugees. Based on a multimethod analysis of all three
countries, including a year of fieldwork with indepthinterviews
of policymakers and asylumseeker advocates, observations of
refugee status determination hearings, and a largescale case
analysis, Rebecca Hamlin finds that crossnational differences
have less to do with political debates over admission and
border control policy than with howinsulated administrative
decisionmaking is from either political interference or judicial
review. Administrative justice is conceptualized and organized
differently in every state, and so states vary in how they draw
the line between refugee and nonrefugee. em em

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