A Data Driven Approach to Evaluating and Improving Judicial Decision-Making: Statistical Analysis of the Judicial Review of Refugee Cases

Ghezelbash, Daniel; Dorostkar, Keyvan; Walsh, Shannon

doi:10.2139/ssrn.4179044

Cited by 2 publications

(2 citation statements)

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“…Researchers in Australia and Canada have thus publicized data to encourage judges and courts to audit their decision making and address cognitive and social biases. 22 Others have advocated for using AI as a means to calculate and resolve epistemic doubt in favor of the applicant. 23 Each of these emerging practices offer new ways for thinking about digital evidence that are less court-centric but can help address evidential problems in RSD on a more systemic level.…”

Section: Digital Evidence To Address Epistemic Injustice In Rsdmentioning

confidence: 99%

Digital Evidence in Refugee Status Determination

Hamilton Byrne,

Gammeltoft-Hansen

2024

AJIL Unbound

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Digital evidence is rapidly emerging as a tool for migration authorities in refugee status determination (RSD)—the procedure for determining whether a person meets the criteria for protection as a “refugee.” Its growing popularity may be seen as a response to the relative dearth of “hard” evidence in asylum procedures, where decisions often hinge exclusively on the applicant's personal narrative and assessment of her credibility. In this essay, we critically examine the growing use of digital evidence in RSD by authorities and the human rights concerns that arise from some of these practices. We then move to outline some examples of how digital evidence might also present new opportunities for scholars, practitioners, and asylum seekers themselves, helping to substantiate claims and document underlying inequities in existing RSD practices. In the process, we seek to navigate a balance between the techno-solutionism that hails digital evidence as a panacea and those a priori dismissing digitization as techno-hype and inherently problematic.

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Section: Digital Evidence To Address Epistemic Injustice In Rsdmentioning

confidence: 99%

Digital Evidence in Refugee Status Determination

Hamilton Byrne,

Gammeltoft-Hansen

2024

AJIL Unbound

View full text Add to dashboard Cite

show abstract

“…Researchers in Australia and Canada have thus publicized data to encourage judges and courts to audit their decision making to address cognitive and social biases. 31 Other scholars have advocated for using forms of AI to crowd-source problems of evidence in refugee decision making amongst judges 32 or to resolve epistemic doubt in favor of the applicant. 33 The above examples point to ways that digitization may equally reconstitute our understandings of what types of evidence are relevant for RSD as a complex process where human decision making is also itself prone to significant bias and information gaps.…”

Section: Digital Evidence To Address Epistemic Injustice In Rsdmentioning

confidence: 99%

Digital Evidence in Refugee Status Determination

Byrne,

Gammeltoft-Hansen

2023

Preprint

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Digital evidence is now rapidly emerging in refugee status determination (‘RSD’) – the procedure for determining whether a person meets the criteria for protection as a ‘refugee’ under the 1951 Refugee Convention. Its growing popularity among migration authorities may be seen as a response to the relative dearth of “hard” evidence in refugee status determination (RSD) and the repeated critiques of human decision-making in asylum as prone to arbitrariness, subjectivity and bias. RSD transpires under particularly difficult conditions of epistemic uncertainty, where the applicant’s testimony is central, and the risks of misjudgment are profound for both for the applicant who may be sent to harm and the state whom may thereby in violation of international law. However, the efficiency of decision making is not the only way of thinking about the problem. Reimagining evidence practices through digital means may not only help refugees to support their claims but also counter existing epistemic asymmetries whereby the state has also the resources and the refugee has none in RSD.

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A Data Driven Approach to Evaluating and Improving Judicial Decision-Making: Statistical Analysis of the Judicial Review of Refugee Cases

Cited by 2 publications

References 1 publication

Digital Evidence in Refugee Status Determination

Digital Evidence in Refugee Status Determination

Digital Evidence in Refugee Status Determination

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