Looking Behind the 'Rule' of a Well-Founded Fear: An Examination of Language, Rhetoric and Justice in the 'Expert' Adjudication of a Refugee Claimant's Sexual Identity Before the IRB.

摘要

This thesis scrutinizes the IRB's designation as an "expert tribunal" over the content of a "well-founded fear of being persecuted". Firstly, it suggests that a decision-maker's appeal to the "good reasons" and "say-so" of an "expert" authority serves only the interests of legal justice. Secondly, it looks behind the "rule" of a well-founded fear and considers the role of language and rhetoric in the "expert" construction of the "genuine" refugee claimant. Finally, it argues that the possibility of an ethical and responsible form of justice for the gay refugee claimant lies behind the "rule" of an authentic homosexual identity, in the moment of recognition of the distinct face and vulnerability of the gay refugee claimant.