Due process and the non-publicity of decisions of the Refugee Appeals Board

Abstract

The dissertation analysis the Refugee Appeals Board in an attempt to establish whether its structures and procedures adequately protect the rights and freedoms of the asylum seeker. The issues identified by the author are threefold. Firstly, the lack of a formal set of guidelines which establish, in no uncertain terms, the procedure to be followed by each chamber in their ex nunc examination of an appeals claim, have led to considerable convergencies in the modus operandi of each chamber. Secondly, the lack of publicity of its decisions has restricted the level of public scrutiny and academic assessment, thereby delaying, and at times denying, an open conversation between the relevant stakeholders. Lastly, the author shall address the disparity between the number of asylum applications lodged each year, and the limited pool of experts working with asylum seekers and the Office of the Refugee Commissioner.