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By Robert F. Barsky

This booklet is an outline of the method of creating a productive Other for the aim of being admitted to Canada as a practice refugee. the entire claiming technique is analyzed with recognize to 2 genuine instances, and contextualized by means of connection with pertinent nationwide and foreign jurisprudence. on the grounds that felony research is deemed inadequate for a whole realizing of the argumentative and discursive ideas concerned about the claiming and “authoring” strategies, the writer makes consistent connection with methodologies from the world of literary reports, discourse research and interplay idea, with targeted emphasis upon the works of Marc Angenot, M.M. Bakhtin, Pierre Bourdieu, Erving Goffman, Jürgen Habermas and Teun van Dijk. In so doing, he illustrates a reductive circulate that necessarily happens in felony argumentation which leads to the displacement the topic from the area of “refugee claimant” to that of claimant as “diminished Other.”

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Additional info for Constructing a Productive Other: Discourse Theory and the Convention Refugee Hearing

Example text

At the same time, the average refugee recognition rate in Europe has decreased from 50 to 30 percent, since there are more non-refugees among those who apply. If these trends were to continue for the next four year period, we would be facing a situation where some eight billion dollars were used for a backlog of some 500,000 asylum cases, whereof only some twenty percent after some two to four years would be recognized as refugees. (601-2) Any number of these backlogged claimants may find themselves returned to their country of origin to (further) suffer human rights abuses; and all of these persons who are without status are in an unacceptable state of limbo which threatens their personal livelihood as well as the entire system of refugee claims.

To the Counsel) Q. Is something wrong? By the Claimant A.... By the Counsel (to the person concerned) Q. Mr. R. Please make sure that everything is ... that everything is correct. And please make your answers short... phrase after phrase, so that we are sure not to lose anything. Further on in the same case, when the Counsel realized that there were many place and proper names that were unfamiliar to him and therefore to the person who would transcribe the case, he again spoke to the interpreter.

Where a discretion is granted to an official, the courts will not review his decision on its merits, but only to see if he stayed within the bounds of his authority and exercised it in a reasonable manner. (1) The thrust of these two principles will be felt in the analysis of the Convention refugee hearings; on the one hand questions of "fairness," "power," and "authority," regulate or mediate between the authority of the administrator and his actions as such, and on the other issues related to efficacy in decision making limit the court's authority to interfere with the decisions made by officials empowered in the area of administrative law.

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