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Articles 1 - 6 of 6
Full-Text Articles in Law
Smuggling Of Asylum-Seekers And Criminal Justice, Vladislava Stoyanova
Smuggling Of Asylum-Seekers And Criminal Justice, Vladislava Stoyanova
Vladislava Stoyanova
The objective of this paper is to demonstrate the legal implications for asylum-seekers flowing from their resort to falsified documents as a method of gaining access to the territory of asylum countries. Article 31(1) of the Refugee Convention is supposed to act as a shield against punishment for illegal entry. However, the paper identifies four issues relating to the application of Article 31 which make the functioning of the shield difficult. The first issue relates to the procedure of applying Article 31 and in particular the interrelationship between the refugee status determination procedure and the criminal procedure initiated as a …
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner
University of Michigan Journal of Law Reform
Section 208(a) of the Immigration and Nationality Act provides that asylum may be granted to an applicant who meets the definition of a refugee-that is, someone who has been persecuted or has a well-founded fear of future persecution in her own country on account of race, religion, nationality, political opinion, or membership in a particular social group. Asylum is a discretionary form of relief which means that the United States government is not required to grant asylum to every refugee within the United States but instead may decide whether or not to do so. This Article sets out in Part …
Trafficking Risks For Refugees, Annie Wilson
Trafficking Risks For Refugees, Annie Wilson
Societies Without Borders
This article examines a number of risk factors in the life situation of refugees that place them in danger of falling prey to human traffickers. Among the factors discussed are protracted refugee situations, conflict situations and security, precarious economic conditions, the circumstances of women and children, the prevalence of sexual and gender-based discrimination and violence, physical and psychological trauma, and the absence of legal protection. The article examines the unintended consequences of enforcement and border controls in increasing trafficking risks for refugees. Stronger refugee protection is the fundamental building block for reducing trafficking risk. Additionally, mapping, assessment and targeted programs …
State-Society Incompatibility And Forced Migration: The Violent Development Of Afghanistan Under Socialist, Islamist, And Capitalist Regimes, Jeremy Hein, Tarique Niazi
State-Society Incompatibility And Forced Migration: The Violent Development Of Afghanistan Under Socialist, Islamist, And Capitalist Regimes, Jeremy Hein, Tarique Niazi
Societies Without Borders
The state-centric theory of forced migration presents the nation-state as the ultimate sanctuary of citizen rights. It posits that forced migration results from state instability, which is caused by geopolitical or national identity conflict. In either case, it contends that the sources of forced migration are exogenous to the state. This paper argues that under certain conditions the state becomes an endogenous cause of refugees and internally displaced persons. These conditions occur when the state deploys violence to dominate society. Using the case of Afghanistan, we document that since 1973 a series of Socialist, Islamist, and Capitalist regimes have engaged …
Refugees And Asylum, James C. Hathaway
Refugees And Asylum, James C. Hathaway
Book Chapters
During the late nineteenth and early twentieth centuries, European governments enacted a series of immigration laws under which international migration was constrained in order to maximise advantage for States. These new, largely selfinterested laws clashed with the enormity of a series of major population displacements within Europe, including the flight of more than a million Russians between 1917 and 1922, and the exodus during the early 1920s of hundreds of thousands of Armenians from Turkey. The social crisis brought on by the de facto immigration of so many refugees - present without authorisation in countries where they enjoyed no protection …
Queer Cases Make Bad Law, James C. Hathaway, Jason Pobjoy
Queer Cases Make Bad Law, James C. Hathaway, Jason Pobjoy
Articles
The Refugee Convention, now adopted by 147 states, is the primary instrument governing refugee status under international law. The Convention sets a binding and nonamendable definition of which persons are entitled to recognition as refugees, and thus to enjoy the surrogate or substitute national protection of an asylum state. The core of the article 1A(2) definition provides that a refugee is a person who has a “well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, or membership of a particular social group.” A person is thus a refugee, and entitled to the non-refoulement and other protections …