‘The Ring of Truth’: A Case Study of Credibility Assessment in Particular Social Group Refugee Determinations

Posted: 13 Mar 2009

See all articles by Jenni Millbank

Jenni Millbank

University of Technology, Sydney, Faculty of Law

Date Written: March 2009

Abstract

Credibility assessment has always been a major issue in refugee determinations and its importance increases in the context of widespread introduction of ‘fast-track’ processes and the manifest trans-national trend to truncate (or indeed remove) avenues for review. This article explores the practice of credibility assessment in lower level tribunals using a case study of over 1000 particular social group (PSG) ground decisions made on the basis of sexual orientation over the past fifteen years. Credibility played an increasingly major role in claim refusals, and negative credibility assessments were not always based on well-reasoned or defensible grounds. The article uses this specific case study in order to found recommendations for structural and institutional change aimed at improving more generally the credibility assessment process in refugee determinations.

Suggested Citation

Millbank, Jenni, ‘The Ring of Truth’: A Case Study of Credibility Assessment in Particular Social Group Refugee Determinations (March 2009). International Journal of Refugee Law, Vol. 21, Issue 1, pp. 1-33, 2009, Available at SSRN: https://ssrn.com/abstract=1358804 or http://dx.doi.org/10.1093/ijrl/een040

Jenni Millbank (Contact Author)

University of Technology, Sydney, Faculty of Law ( email )

Australia

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