Journal article
A Well-Founded Fear of Being Persecuted ... But When?
Adrienne Anderson, Michelle Foster, Helene Lambert, Jane McAdam
The Sydney Law Review | Sydney Law School | Published : 2020
Abstract
It is well established that the ‘well-founded fear’ test in refugee law requires a prospective assessment of potential future harm. Yet, the requisite timeframe for this test is rarely examined. Analysis of jurisprudence across a wide range of jurisdictions reveals that Australian courts have been unusually cognisant of the question of timing of harm. Indeed, they have been particularly insistent that a flexible and longer-range assessment is appropriate, encapsulated by the ‘reasonably foreseeable future’ test. This article provides an in-depth analysis of the principles set out by Australian courts and tribunals, and identifies particularly challenging contexts in which timing has played a..
View full abstractGrants
Awarded by Australian Research Council (`ARC') Discovery Grant on `The Concept of "Imminence" in the International Protection of Refugees'
Funding Acknowledgements
This article was produced under the auspices of an Australian Research Council (`ARC') Discovery Grant on `The Concept of "Imminence" in the International Protection of Refugees', DP160100079, and we acknowledge the generous support of the ARC. It builds on our foundational work in Adrienne Anderson, Michelle Foster, Helene Lambert and Jane McAdam, `Imminence in Refugee and Human Rights Law: A Misplaced Notion for International Protection' (2019) 68(1) International Comparative Law Quarterly 111. We are grateful to Hannah Gordon (JD student, Melbourne Law School) for her excellent editorial assistance, and to the anonymous referees for their thoughtful suggestions. We also appreciate the helpful feedback received at Harvard and McGill Law Schools when versions of this article were presented.