Finding Religion: Assessing Religion-Based Asylum Claims in Refugee Status Determination Procedures in Norway and Canada

Helge Årsheim

International Journal of Refugee Law, 2025, vol. 37, issue 1, 60-79

Abstract: This article examines refugee status determination (RSD) procedures in Norway and Canada, focusing on religious conversion claims. It is structured in two parts. The first describes the features of RSD in both countries, including the standards of review and legal precedents used by courts. The second part explores how international human rights law defines ‘religion’ and how Norwegian and Canadian courts handle religious conversion cases. The study highlights the shift from knowledge-based assessments to consideration of personal reflections after the introduction by UNHCR in 2004 of guidelines to assist in dealing with religion-based claims for protection. Using document analysis of 200 appellate cases from 2012 to 2022, the article assesses the credibility, the role of testimonies, and the level of religious knowledge and practice in these claims. It also discusses the influence of country-specific conditions on RSD procedures and the courts’ reliance on domestic and international legal precedents. It concludes by comparing the different approaches and outcomes in assessing religious conversion claims in the two jurisdictions, emphasizing the need for nuanced understanding and evaluation of individual cases.

Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:oup:jirelw:v:37:y:2025:i:1:p:60-79.

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