Justice among institutions : the IRB as a component of Canadian refugee status determination
thesisposted on 23.05.2021, 16:54 authored by Ian Yuting Lin
This paper takes an institutional approach to examine justice in Canadian refugee status determination, focusing on the Immigration and Refugee Board (IRB) as an administrative tribunal. The IRB is viewed in the historic context of post-Second World War international rights expansion and the rise of New Public Management as an administrative paradigm. Policies implemented by the recent Harper governments are reviewed in light of the IRB’s high permeability to executive influence and low judicial intervention; issues undermining the IRB’s substantive independence are discussed; the interaction of the IRB with other institutions in Canadian refugee status determination, such as the IRCC and CBSA, are examined in terms of venue shopping for implementing desired policy. The possibility of integrating adversarial-style hearings into the IRB while maintaining its currently centralized research and jurisprudence is proposed. Keywords: separation of powers, refugee status determination, Immigration and Refugee Board of Canada, administrative tribunal, rights expansion, managerialization, New Public Management, endogeneity of law, executive permeability, judicial intervention, venue shopping, inquisitorial hearing, adversarial hearing.
DegreeMaster of Arts
ProgramImmigration and Settlement Studies
Granting InstitutionRyerson University
LAC Thesis TypeThesis
Canada -- Emigration and immigration -- Government policyCanada. Immigration and Refugee Board -- Rules and practiceCanada. Immigration and Refugee BoardRefugees -- Government policy -- CanadaRefugees -- Legal status, laws, etc. -- CanadaRefugees -- CanadaEmigration and immigration law -- CanadaAdministrative courts -- Canada