Young’s “Fact finding made easy” in Refugee Law: A Former Practitioner’s Perspective

Publisher:
Thomson Reuters
Publication Type:
Journal Article
Citation:
Australian Law Journal and Reports, 2018, 92 (5), pp. 349 - 359
Issue Date:
2018
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This article considers the application of PW Young, “Fact finding made easy” (2006) 80 ALJ 454 to the unique challenges faced by decision-makers and advocates in refugee status determination (RSD) in Australia, drawing upon the author’s experiences in refugee law and advocacy. Unlike most otherforms of proceedings, RSD offers little scope for corroboration of individual claims for asylum, requiring greater consideration of the inherent plausibility of claims and the manner in which such claims are presented than of whether external sources can verify particular claimed incidents. The utility of Young’s observations in this context is assessed and the need for caution in applying principles of fact-finding drawn from other jurisdictions to the particular context of RSD is emphasised.
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