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2023

Immigration Law

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Luck Of The Draw Iii: Using Ai To Examine Decision‐Making In Federal Court Stays Of Removal, Sean Rehaag Jan 2023

Luck Of The Draw Iii: Using Ai To Examine Decision‐Making In Federal Court Stays Of Removal, Sean Rehaag

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This article examines decision‐making in Federal Court of Canada immigration law applications for stays of removal, focusing on how the rates at which stays are granted depend on which judge decides the case. The article deploys a form of computational natural language processing, using a large‐language model machine learning process (GPT‐3) to extract data from online Federal Court dockets. The article reviews patterns in outcomes in thousands of stay of removal applications identified through this process and reveals a wide range in stay grant rates across many judges. The article argues that the Federal Court should take measures to encourage …