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This chapter addresses the history of the refugee oral hearing in Australia and Canada. It explains how and why the oral hearing became a central event within RSD processes in each jurisdiction and traces the role of refugee testimony up until the introduction of a quasi-independent administrative process for RSD and into the present day. In both countries, the introduction of statutory RSD procedures and an oral hearing represented a shift toward enhanced administrative rights and justice for onshore refugee arrivals. However, it also occurred in the context of an increasing state focus on the ‘genuineness’ of refugees and major reforms that sought to limit and control onshore refugee arrivals in both jurisdictions. The chapter then traces more recent reforms to RSD processes in Australia and Canada. This later history reveals that the ‘right’ to fair and independent decision-making processes has become increasingly constrained in both jurisdictions, and that limiting access to RSD has become a key means by which states enact policies of refugee deterrence and exclusion.
The Conclusion returns to the book’s central questions and arguments. It considers the implications of the book’s findings for the conduct of oral hearings within RSD, and the impossibility of a just assessment of refugee applicants’ oral testimony against the current credibility criteria. While the aim of the book was not to advance precise reforms to RSD, in reflecting on what suggestions for reform arise, the Conclusion argues that if oral hearing must be a narrative occasion, it should be a more predictable one. Where applicants’ evidence is expected to fit within cognisable narrative forms, the hearing should provide the opportunity to meet these standards. However, such a reform would do nothing to address the narrative mandate traced and critiqued throughout the book. Finally, the Conclusion explores and holds open the possibility for certain texts and genres to present radical ways of imagining refugee narratives outside the strictures of refugee law, RSD and the extreme demands (and limits) currently placed on the testimony of refugee applicants.
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