Law Commons^™

Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin

Craig B. Mousin

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.

Haitian Boat People: A Study In The Conflicting Forces Shaping U.S. Immigration Policy, Alex Stepick

Alex Stepick

No abstract provided.

Political Refugees, Captives, Slaves And Other Migrants In International Law Of Ancient Near East (2nd Millenium Bc), Víctor M. Sánchez

Víctor M. Sánchez

International treaties in the 2nd millennium BC in the Ancient Near East (ANE) demonstrate the importance placed on regulating migratory movements at the time. The economic and political basis of such regulation helps outline a critical analysis in comparison to current international law regarding the same forms of migratory movements. The loss of social value of human beings arising from demographic changes explains the enormous difference between past and present regulatory models. Only the recovery of human value in its economic sense will permit changes to the current regulation of migratory movements. The variety of extradition clauses in the treaties …

Magdalena Malima - Lessons Drawn From Refugees' Problems, Ubuntu Institute Students

Ubuntu Institute Students

Conflicts and natural disasters create refugees. The author defines the meaning of refugees and outlines the duties to share the burden of refugees and of stopping the causes of refugees. In doing so, the author takes multidisciplinary approach

Submission To The Select Committee On The Recent Allegations Relating To Conditions And Circumstances At The Regional Processing Centre In Nauru, Azadeh Dastyari

Azadeh Dastyari

No abstract provided.

Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer

David Barnhizer

Table of Contents Death of the “Melting Pot” The Rejection of Assimilation and the Rise of “Identity Sects” Western Europe and the US Face Significant Challenges to Their Creeds and Cultures The Radicalizing Search for Identity and Meaning The Velocity, Scale and Difference of Migrant Entry Into Dissimilar Cultures Assimilation Is Not Easy Under the Best of Circumstances ISIS, al-Qaeda and The Old Man of the Mountain What Are the Creedal Values For Which Western Nations Should Expect Commitment from Immigrants and Citizens? “Warning! Do Not Approach!” Beyond Non-Assimilation to Cultural Transformation The Right to Preserve a “Cultural Ecosystem” The …

The Waivers Book: Advanced Issues In Immigration Law Practice, Irene Scharf

Irene Scharf

Immigration practitioners finally have one book they can turn to that addresses one of the most important issues in their practices: waivers and other advanced remedies. Assuming at least an introductory knowledge of the issues pertinent to practicing immigration law today, and covering a broad array of topics that arise in any sophisticated immigration practice, The Waivers Book: Advanced Issues in Immigration Law Practice will be useful reference tool, not only to those who are relatively new to this area of law, but also to those who already have considerable practice experience.

Globalised Cartographies Of Being: Literature, Refugees And The Australian Nation, Antonio Simoes Da Silva

Tony Simoes da Silva

This chapter considers the figure of the refugee as the displaced individual through the reading of a number of Australian literary works, which explore displacement 'as an extreme case of a more general modern condition - the powerlessness of the individual caught in the grip of vast collective purposes', to borrow Ian Watt's (1959: 218) comments on World War II prisoners of war. Through a critical reading of selected works aimed both at children and adult readers, I consider the role textual representation can play in creating a different understanding of the subject positions of the mass of individuals arriving …

Papua New Guinea's Accession To The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, Ben Tsamenyi

Professor Ben M Tsamenyi

Papua New Guinea (PNG) acceded to the 1951 Convention and the 1967 Protocol in 1986, after having initially declined to accept those instruments, which had been extended by the administering power, Australia. This article analyses the background to PNG's accession, and the reasons for its reservations to various provisions. PNG has, for some years, received refugees from West Irian, where the authority of the Indonesian Government continues to be challenged by the OPM (the Free Papua Movement). Before 1984, refugee arrivals were sporadic and involved relatively small groups of people; between February and June 1984, however, over ten thousand West …

Asylum And Inspections Reform, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.

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 …

On The Morality And Legality Of Borders: Border Policies And Asylum Seekers, Tally Kritzman-Amir

Tally Kritzman-Amir

The article examines the way in which states treat– and should treat – asylum seekers seeking to enter the country in an undocumented manner. Part I of the paper discusses in general terms whether states have a moral duty towards asylum seekers wishing to enter their borders. We argue that there is indeed such a duty, and discuss the source of this duty. From this duty, we believe, derives a moral duty to apply fair procedures at the border. Part II explains the legal norms imposing such a duty on states toward asylum seekers at their borders. We explain that …

Who Are Refugees?, Matthew Lister

Matthew J. Lister

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all who are unable to meet their basic needs on their own as "refugees," and to extend to them the …

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Eileen Kaufman

No abstract provided.

A Tale Of Two Decades: War Refugees And Asylum Policy In The European Union, Maryellen Fullerton

Maryellen Fullerton

A Tale of Two Decades: War Refugees and Asylum Policy in the European Union

The past twenty years have seen profound developments in the institutional competence of the European Union to address issues of migration and refugee status. The growth of the internal market, the expansion of passport-free travel, and the continuing arrival of individuals fleeing war or persecution led to the realization that a joint European approach to asylum seekers was necessary. Negotiations among the Member States have resulted in a Common European Asylum System. These European developments are largely unknown among refugee scholars, decision makers, and advocates in …

Immigration Law: Nowhere To Turn—Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin

Larry R. Fleurantin

This Article challenges the authority of the Attorney General and the DHS Secretary to withhold information from an alien after a FOIA request under Exemption (b)(5), to use that same withheld information to impeach the alien’s testimony during an individual hearing on the merits, and to use that as grounds for the Immigration Court to deny an applicant’s request for asylum. This Article takes the position that the USCIS needs to change its unfair practice to avoid the harsh and pervasive injustice that aliens facein removal proceedings.

Asylum And Voluntary Repatriation Applied To The Sub-Saharan African Legal Context: Are They Two Viable Solutions For Refugees?," , Cristiano D'Orsi

Cristiano d'orsi

This article deals with two aspects bound to the legal conditions of refugees in the African continent, namely asylum and voluntary repatriation. The first is considered like the “traditional” solution for people, either individuals or groups, obliged to flee from their own countries. On the contrary, the second is the solution traditionally invoked as the preferable one either by States or by institutions, like the United Nations High Commissioner for Refugees , to put an end to the precarious condition of refugees. In this work, we will also examine the principle of non-refoulement, cornerstone of the legal protection of refugees …

Human Rights And Natural Disaster : The Indian Ocean Tsunami, Hope Lewis

Hope Lewis

Why should we focus on human rights in the aftermath of a natural disaster? Governments and the international community are obligated—legally, politically, and morally—to undertake recovery efforts in ways that are consistent with the human rights of those most affected by disaster.

The December 26, 2004, Indian Ocean tsunami took the lives of more than 200,000 children, women, and men. Hundreds of thousands more were injured and millions displaced. Recognized as one of the worst natural disasters in recorded human history, the Indian Ocean tsunami remains a global issue. People in fourteen countries were directly affected as well as thousands …

Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

This Comment takes as its starting point the adoption of the first five pieces of harmonized legislation created as part of the EU’s asylum regime overhaul of the early 2000s and proposes constructive solutions to compensate for the inadequate results of the May 2004 negotiations in Brussels. Specifically, it is proposed that an EU-wide asylum appellate court could assist the Member States in completing the work they started by creating a comprehensive harmonization consistent with international law.

Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning

Hope Lewis

Women's human rights activism in the United States tend to highlight human rights violations of women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers, while ignoring internal human rights abuses. This Article focuses on the events surrounding a recent U.S. gender asylum case involving Fauziya Kassindja, a young asylee from Togo, in an attempt to demonstrate the irony of American complacency about the status of the United States as a haven for the protection of human rights. Ms. Kassindja, and other immigrants and asylum-seekers, were subjected to degradation and abuse--in the …