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Let Me Be a RefugeeAdministrative Justice and the Politics of Asylum in the United States, Canada, and Australia$
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Rebecca Hamlin

Print publication date: 2014

Print ISBN-13: 9780199373307

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780199373307.001.0001

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Escaping the People’s Republic of China

Escaping the People’s Republic of China

Chinese Asylum Claims in Three RSD Regimes

(p.143) Chapter 8 Escaping the People’s Republic of China
Let Me Be a Refugee

Rebecca Hamlin

Oxford University Press

The United States, Canada, and Australia have had different responses to the large and challenging body of cases based on China’s One Child policy. The People’s Republic of China is a major source country for asylum seekers in all three destinations. However, the Chinese claims based on coercive population control do not naturally fit within the definition of a refugee. Thus, refugee status determination regime differences do not just matter at the margins, they can play out in ways that affect vast numbers of asylum seekers. In Canada, Chinese claims have been subsumed under the general policy of generosity for gender related claims. In the United States, a complex and contradictory web of jurisprudence has emerged. In Australia, the High Court is engaged in a delicate interpretive dance with parliament, and has extended protection to a small subset of Chinese claimants.

Keywords:   refugee, asylum, United States, Canada, Australia, China, population control

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