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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Two-Cents Worth? The Role of the Courts and the Administrative Decision-Making Process in the Immigration and Refugee Board of Canada

Said, David 11 1900 (has links)
The relationship amongst institutions has continued to play a pivotal role in shaping the nature of policies central to citizens and non-citizens alike. However, the phenomenon of influence and power that institutions constitutionally wield over one another in administrative agencies has been an increasing issue that is largely under-explored. More so, is the issue of installing legitimate regulatory mechanisms that ensure and preserve democratic values and practices that hold government agencies accountable. This study explores the relationship between judicial and executive institutions by examining the degree of influence the courts exercise in decisions in the Immigration and Refugee Board of Canada. Using a precedent tracing approach, this study analyzes the presence and authority of Supreme Court decisions in the determination of refugee protection cases. As administrative bodies exercise a broad range of discretion and are loosely guided by ‘soft-laws’, it is unlikely that the courts would have a high degree of influence in such agencies due to an absence of obligation to do so. The shortage of judicial influence arguably offers a nuanced explanation to the inconsistent outcomes amongst board members and the absence of and requirement for a legitimate remedial mechanism. / Thesis / Master of Arts (MA)

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