Evidentiary issues, although of considerable importance in determining refugee status, have been largely ignored in the literature on refugee law. This article addresses the legal assessment of evidence in refugee status determination procedures, in particular in relation to the inclusion clauses. Legal terminology and key concepts are defined and discussed and differences in common and civil law traditions are surveyed. UNHCR's pronouncements on evidentiary questions are reviewed and related issues concerning the credibility of torture survivors who have sought protection under the non-refoulement provisions of the UN Convention against Torture are addressed. The author concludes that the absence of consensus amongst states on common standards for assessing evidence in refugee status determination prcedures remains an obstacle, but despite different legal traditions and approaches the need to reaffirm and harmonise these standards is a necessary undertaking. © Oxford University Press 2003. All rights reserved.

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refugee immigration policy legal system