Reconsidering the Criteria for Assessing Well-Founded Fear in Refugee Law

The article focuses on the international legal definition of a well-founded fear of persecution. The article surveys the interpretation of this element of the refugee definition within domestic courts, particularly those in Canada. The author argues that the traditional objective test often fails to incorporate the nature of a well-founded fear for women refugee claimants who have been victims of a sexual assault. The second part of the article focuses on the means for establishing and assessing the appropriate threshold of a well-founded fear. The author argues that it is appropriate to consider the claimant's own credibility and her particular circumstances in making this assessment. [Descriptors: Migration - Refugees and Immigration, Canada]