{"title":"More than advocates: Lawyers' role in efficient refugee status determination","authors":"Nicholas A. R. Fraser","doi":"10.1111/capa.12503","DOIUrl":null,"url":null,"abstract":"<p>For years, Canadian refugee status determination (RSD) procedures have faced significant administrative capacity issues. Arguing that the RSD system was attracting “unfounded” claims and becoming inefficient, the Harper government pursued rights-restrictive reforms. Is there a connection between applicants' procedural rights and the efficiency of Canadian RSD? This article outlines and empirically tests arguments for and against restricting refugee applicants' procedural rights to enhance efficiency. Examining macro-level trends in applications and micro-level adjudicator-specific routines, it presents evidence against the notion that rights-restrictive measures save adjudicators time. The article also shows that procedural rights can foster efficient RSD practices when applicants and adjudicators have access to competent legal counsel.</p>","PeriodicalId":46145,"journal":{"name":"Canadian Public Administration-Administration Publique Du Canada","volume":"65 4","pages":"647-666"},"PeriodicalIF":1.1000,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Canadian Public Administration-Administration Publique Du Canada","FirstCategoryId":"91","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/capa.12503","RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"PUBLIC ADMINISTRATION","Score":null,"Total":0}
引用次数: 0
Abstract
For years, Canadian refugee status determination (RSD) procedures have faced significant administrative capacity issues. Arguing that the RSD system was attracting “unfounded” claims and becoming inefficient, the Harper government pursued rights-restrictive reforms. Is there a connection between applicants' procedural rights and the efficiency of Canadian RSD? This article outlines and empirically tests arguments for and against restricting refugee applicants' procedural rights to enhance efficiency. Examining macro-level trends in applications and micro-level adjudicator-specific routines, it presents evidence against the notion that rights-restrictive measures save adjudicators time. The article also shows that procedural rights can foster efficient RSD practices when applicants and adjudicators have access to competent legal counsel.
期刊介绍：
Canadian Public Administration/Administration publique du Canada is the refereed scholarly publication of the Institute of Public Administration of Canada (IPAC). It covers executive, legislative, judicial and quasi-judicial functions at all three levels of Canadian government. Published quarterly, the journal focuses mainly on Canadian issues but also welcomes manuscripts which compare Canadian public sector institutions and practices with those in other countries or examine issues in other countries or international organizations which are of interest to the public administration community in Canada.
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