Research Handbook on International Refugee Law
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Research Handbook on International Refugee Law

Edited by Satvinder Singh Juss

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
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Chapter 27: Reviewing review: the standard of review in asylum decision-making

Rowena Moffatt

Abstract

This chapter examines the standard of review in asylum decision-making by states. It argues that the proper standard of review in decision-making on asylum is merits review and that this standard should be articulated as a legal requirement embedded within supranational norms governing asylum decision-making. The chapter first reviews international and certain regional legal norms and surveys the scholarship on the question (section 1). The focus then moves to an analysis and critique of the existing supranational standards (section 2). The central argument of this chapter is that with reference to the nature of the rights and interests at stake in asylum decision making, merits review should be recognized: (i) as the proper standard of review from administrative decisions on asylum; and (ii) as forming part of supranational legal standards for the review of primary administrative decisions on asylum.

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