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University of Michigan Law School

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2007

Immigration Law

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The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law Jan 2007

The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law

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Refugees increasingly encounter laws and policies which provide that their protection needs will be considered or addressed somewhere other than in the territory of the state where they have sought, or intend to seek, protection. Such policies-including "country of first arrival," "safe third country," and extraterritorial processing rules and practices-raise both opportunities and challenges for international refugee law. They have the potential to respond to the Refugee Convention's concern "that the grant of asylum may place unduly heavy burdens on certain countries" by more fairly allocating protection responsibilities among states. But insistence that protection be provided elsewhere may also result …