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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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Building a Cross-National Comparison of RSD Regimes

Building a Cross-National Comparison of RSD Regimes

(p.13) Chapter 2 Building a Cross-National Comparison of RSD Regimes
Let Me Be a Refugee

Rebecca Hamlin

Oxford University Press

There are two dominant and opposing theories in the migration studies literature, one that sees convergence between receiving state policies, and one that sees divergence between them. Together, they have left us with an inadequate sense of the circumstances under which some state policies might be converging while others diverge. A linkage between migration studies and the public law literatures on administrative decision-making and comparative judicial politics would be a fruitful way to advance our understanding of this puzzle. Further, the United States, Canada, and Australia are perfect cases for a cross-national comparison of refugee status determination regimes that can bring these literatures together. All three are historic ‘nations of immigrants’ and popular asylum-seeker destinations that conduct RSD on a large scale. They also share a common law system and a reputation for strong courts.

Keywords:   migration, convergence, divergence, comparison

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