Excluding Undeserving Claimants: New Zealand's Interpretation of Art 1F(c) Refugee Convention
Bibliographic record
Abstract
This paper reviews New Zealand judicial interpretation of the “acts contrary to the purposes and principles of the United Nations” as stated in art 1F(c) Refugee Convention, in the light of subsequent foreign jurisprudence. Article 1F excludes claimants from gaining refugee status under the Convention if there are “serious reasons for considering” they have committed a proscribed act. The ambiguous ambit of art 1F(c) had attracted little jurisprudence before the New Zealand authority’s 1995 decision in Refugee Appeal 2338/94. However, art 1F(c) jurisprudence has significantly increased in the face of new global issues such as terrorism, and an expanding United Nations mandate. This paper aims to aid future New Zealand courts in art 1F(c) cases, by assessing Refugee Appeal 2338/94 in light of the Canadian Supreme Court decision in Pushpanathan v Canada and the United Kingdom Supreme Court decision in Al Sirri and DD v Secretary of State for the Home Department.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.017 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.010 | 0.022 |
| Scholarly communication | 0.014 | 0.005 |
| Open science | 0.003 | 0.006 |
| Research integrity | 0.012 | 0.013 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".