Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2002

Refugee status

Human Rights Law

Michigan Journal of International Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook Jan 2002

Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook

Michigan Journal of International Law

This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting ...


Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson Jan 2002

Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson

Michigan Journal of International Law

In this Article, we argue that the House of Lords' reasoning in Adan was seriously flawed. The House of Lords correctly recognized that evidence that minorities face a heightened risk of being persecuted can be sufficient to show a nexus to a Convention ground. Yet it erred when it went on to hold that only differentially at-risk individuals or groups can benefit from refugee status. If a person's risk of being persecuted is causally linked to his or her race, religion, nationality, membership of a particular social group, or political opinion, the nexus requirement is satisfied irrespective of whether ...


Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster Jan 2002

Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster

Michigan Journal of International Law

The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need ...