The Law of Refugee Status

The Law of Refugee Status

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781107012516

Category: Law

Page: 776

View: 453

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Categories: Law

Nationality and Statelessness in the International Law of Refugee Status

Nationality and Statelessness in the International Law of Refugee Status

Feller, E, Türk V and Nicholson, F, Refugee Protection in International Law (
Cambridge, CUP, 2003). Goodwin-Gill, G and McAdam, J, The Refugee in
International Law (3rd edn, Oxford, OUP, 2007). Grahl-Madsen, A, The Status of
Refugees ...

Author: Eric Fripp

Publisher: Bloomsbury Publishing

ISBN: 9781782259237

Category: Law

Page: 416

View: 373

International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.
Categories: Law

The Refugee Status of Persons with Disabilities

The Refugee Status of Persons with Disabilities

Kälin W, 'Non- State Agents of Persecution and the Inability of the State to Protect'
(2000) 15 Georgetown Immigration Law Journal 415. Kälin W, 'Supervising the
1951 Convention Relating to the Status of Refugees: Article 35 and Beyond' in ...

Author: Stephanie Anna Motz

Publisher: BRILL

ISBN: 9789004427303

Category: Law

Page: 404

View: 265

This is the first comprehensive study on the refugee definition for persons with disabilities. It proposes a disability-specific approach to refugee status analysing the different elements of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities.
Categories: Law

The Right to Seek Refugee Status in the European Union

The Right to Seek Refugee Status in the European Union

of particular social group should 'include groups of individuals who [were] treated
as “inferior” in the eyes of the law'. ... REFUGEE STATUS FOR EC NATIONALS A
Protocol on asylum for nationals of Member States of the European Union was ...

Author: Sylvie Da Lomba

Publisher: Intersentia nv

ISBN: 9789050953498

Category: Law

Page: 325

View: 731

This book analyses the implications of the EU asylum policy for the right to seek refugee status within the meaning of the 1951 UN Convention relating to the Status of Refugees. Relevant EU legislation and proposals for future legislation are measured against the standards set out in international refugee and human rights law with a view to making law reform proposals for the protection of the right to seek refugee status within the EU.
Categories: Law

International Refugee Law and Socio Economic Rights

International Refugee Law and Socio Economic Rights

2 - A human rights framework for interpreting the Refugee Convention - - - PART
ONE : THE DEVELOPING HUMAN RIGHTS FRAMEWORK One of the ... 2 James
C . Hathaway , The Law of Refugee Status ( Toronto : Butterworths , 1991 ) , pp .

Author: Michelle Foster

Publisher: Cambridge University Press

ISBN: 0521870178

Category: Law

Page: 387

View: 674

This book, first published in 2007, assesses the ability of the Refugee Convention to encompass socio-economic based claims.
Categories: Law

The Rights of Refugees under International Law

The Rights of Refugees under International Law

3.2.4 Rights governed by personal status Refugee Convention , Art . 12 Personal
status 1. The personal status of a refugee shall be governed by the law of the
country of his domicile or , if he has no domicile , by the law of the country of his ...

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 1139445766

Category: Political Science

Page:

View: 706

This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
Categories: Political Science

Inside Asylum Bureaucracy Organizing Refugee Status Determination in Austria

Inside Asylum Bureaucracy  Organizing Refugee Status Determination in Austria

Women and asylum: A particular social group. Feminist Legal ... Climate change,
forced migration, and international law. Oxford: ... Nationality, refugee status and
state protection: Explorations of the gap between man and citizen. Annandale: ...

Author: Julia Dahlvik

Publisher: Springer

ISBN: 9783319633060

Category: Social Science

Page: 208

View: 402

This open access monograph provides sociological insight into governmental action on the administration of asylum in the European context. It offers an in-depth understanding of how decision-making officials encounter and respond to structural contradictions in the asylum procedure produced by diverging legal, political, and administrative objectives. The study focuses on structural aspects on the one hand, such as legal and organisational elements, and aspects of agency on the other hand, examining the social practices and processes going on at the frontside and the backside of the administrative asylum system. Coverage is based on a case study using ethnographic methods, including qualitative interviews, participant observation, as well as artefact analysis. This case study is positioned within a broader context and allows for comparison within and beyond the European system, building a bridge to the international scientific community. In addition, the author links the empirical findings to sociological theory. She explains the identified patterns of social practice in asylum administration along the theories of social practices, social construction and structuration. This helps to contribute to the often missing theoretical development in this particular field of research. Overall, this book provides a sociological contribution to a key issue in today's debate on immigration in Europe and beyond. It will appeal to researchers, policy makers, administrators, and practitioners as well as students and readers interested in immigration and asylum.
Categories: Social Science

Judicial Interpretation of Refugee Status

Judicial Interpretation of Refugee Status

Indeed , during the examination of the inclusive law of refugee status in the
above three states all the existing relevant legal framework was taken into
account . For German law , particular regard was paid , as mentioned , to the
constitutional ...

Author: Nicholas Sitaropoulos

Publisher:

ISBN: STANFORD:36105060444994

Category: Asylum, Right of

Page: 521

View: 327

"It is beyond doubt that the most crucial and complicated aspect of asylum that a future coordinated EU policy, and especially domestic judicial practice, will face is that of the substantive law of refugee status, determining the refugee inclusion clauses and the individual eligibility for refugee status. This work focuses on this specific question, attempting to put forward the - rather neglected - importance of the role that a legally principled interpretation of refugee status by domestic fora may play in the development of refugee protection regionally and internationally." -- from the Preface, p. 7.
Categories: Asylum, Right of

An Introduction to International Refugee Law

An Introduction to International Refugee Law

LOSS AND DENIAL OF REFUGEE STATUS Vanessa Bettinson* Introduction
During the drafting process of many international human rights instru- ments
states have long shown an interest in ensuring certain limitations on the
obligations ...

Author: M. Rafiqul Islam

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004226166

Category: Law

Page: 448

View: 529

This book provides an overview of the development and substance of existing international refugee law with a view to reveal its gaps, caveats, and inadequacies that militate against the establishment of an effective legal regime to address mounting global refugee crises. The book pursues a reformist agenda towards affording legal coverage to all refugees generated by any genuinely involuntary grounds.
Categories: Law

Gender and Refugee Status

Gender and Refugee Status

This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status.

Author: Thomas Spijkerboer

Publisher: Routledge

ISBN: 9781351934817

Category: Social Science

Page: 288

View: 547

This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Europe, yet hardly any English texts address Dutch refugee law. The book also covers foreign case law and academic writing. Therefore, the analysis is relevant for all refugee-receiving countries in the Western world; the empirical data on The Netherlands functions as a case study. The book combines perspectives of post-structuralist feminism and post-colonial studies. Refugee women are constructed as a double other. This intersectionality is related to the construction of the Third World as feminine (passive, in need of active outside intervention etc., etc.). The book provides a comprehensive overview of academic writing and of case law on the subject. On this basis of theoretical perspectives that were almost ignored until now, it develops an innovative critique of refugee law discourse and outlines its possible consequences for legal doctrine.
Categories: Social Science

International Thesaurus of Refugee Terminology

International Thesaurus of Refugee Terminology

BT 06 ( Asylum and status denial and loss ) 07 Denial of refugee status UF
Denial of asylum . * RT Decisions on refugee status BQ * RT Grant of asylum
BKG * RT Law of asylum BKB * RT Manifestly unfounded applications BLM * RT
Refugee ...

Author: Jean Aitchison

Publisher: Martinus Nijhoff Publishers

ISBN: 0792305043

Category: Law

Page: 476

View: 835

This new, expanded edition contains more than 1800 business & trade terms translated from English into German, Spanish, French & Italian. More than 400 new words & expressions -- dealing with banking, finance & telecommunications -- have been added since the last, highly successful edition. An indispensable guide for businessmen, lawyers, bankers, exporters & teachers.
Categories: Law

Seeking Asylum in the UK

Seeking Asylum in the UK

REFUGEE STATUS ( 1 ) : THE DEVELOPMENT OF A LEGAL CONCEPT The
term refugee has had a place in popular usage for centuries . ' Over this period of
time it has been attached , in a general way , to groups or individuals forced to
flee ...

Author: Colin Harvey

Publisher: Cambridge University Press

ISBN: 0406895929

Category: Law

Page: 345

View: 538

An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.
Categories: Law

The Refugee Concept in Group Situations

The Refugee Concept in Group Situations

OAU Refugee Convention. According to Article 11 of the Draft Law the provisions
of Articles 2 to 34 of the 1951 Convention and Article II to VI of the OAU
Convention shall apply to all persons enjoying refugee status subject to any more
 ...

Author: Ivor C. Jackson

Publisher: Martinus Nijhoff Publishers

ISBN: 9041112286

Category: Law

Page: 486

View: 723

(Ii) The UNHCR Statute.
Categories: Law

International Law Reports

International Law Reports

F - MISCELLANEOUS The individual in international law ~ Miscellaneous -
RefugeesStatus of refugees — Geneva Convention on the Status of Refugees
1951 – Retroactive recognition of refugee status - Validity of certificate issued by
the ...

Author: Christopher J. Greenwood

Publisher: Cambridge University Press

ISBN: 0521464064

Category: Law

Page: 730

View: 677

International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.
Categories: Law

Legal Aspects of HIV AIDS

Legal Aspects of HIV AIDS

HIV-positive persons may be seeking asylum (if they are already in the country)
or refugee status (if they seek to enter from abroad) as a direct result of their HIV
status. In many areas of the world, PLHIV are faced with oppression, abuse, and
 ...

Author:

Publisher: World Bank Publications

ISBN: 9780821371060

Category: Law

Page: 225

View: 605

This is an invaluable resource for lawyers, policy makers, and other practitioners with an interest in countries' responses to HIV/AIDS. Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform covers 65 wide-ranging topics in a concise, accessible format, explaining how laws and regulations can either underpin or undermine public health programs and responsible personal behavior. For each topic, the Guide summarizes the key legal or policy issues, provides relevant "practice examples" (citing actual laws and regulations), and offers a selective list of references that may be consulted for more information. Laws relating to many areas of our lives - from intimate physical conduct to international travel - can contribute to stigma, discrimination, and exclusion or, contrariwise, can help remedy these inequities. In order to create a supportive legal framework for responding to HIV/AIDS, it is important that governments effectively address gaps and other problematic aspects in their legislation and regulatory systems. This book, written by a team of leading legal experts, helps them do so.
Categories: Law

The Oxford Handbook of Refugee and Forced Migration Studies

The Oxford Handbook of Refugee and Forced Migration Studies

... not comply with internationally established due process guarantees, some
RSD procedures are not regulated through domestic laws (USCRI and AAE 2013
), and most of the existing refugee status determination bodies still lack the
training, ...

Author: Elena Fiddian-Qasmiyeh

Publisher: OUP Oxford

ISBN: 9780191645884

Category: Political Science

Page: 800

View: 677

Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterize this rapidly expanding field of research and practice.
Categories: Political Science

The Land Beyond

The Land Beyond

Service Obligations . - E . The Law of Asylum and Refugees : I . Factual and
Legal Bases : 1 . Factual basis . 2 . Legal basis . II . The Concept of Asylum
Seeker / Refugee . III . Recognition of Asylum / Refugee Status : 1 . Procedure for
obtaining ...

Author: Atle Grahl-Madsen

Publisher: Martinus Nijhoff Publishers

ISBN: 9041114939

Category: Law

Page: 462

View: 884

Future.
Categories: Law

Adjudicating Refugee and Asylum Status

Adjudicating Refugee and Asylum Status

(Raphael, in Wilson and Drozdek 2004) introduction Before going to law school, I
spent fourteen years as a social worker working with survivors of gender-based
violence. As a lawyer representing clients seeking asylum based on rape, I often
 ...

Author: Benjamin N. Lawrance

Publisher: Cambridge University Press

ISBN: 9781107069060

Category: Law

Page: 280

View: 870

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.
Categories: Law

The Law of EU External Relations

The Law of EU External Relations

This is the case for the 1951 Geneva Convention on the Status of Refugees. The
Magna Carta of international refugee law is not open to the EU's formal
accession, but EU primary and secondary law refer to it. Article 78(1) second
sentence ...

Author: Pieter Jan Kuijper

Publisher: OUP Oxford

ISBN: 9780191505119

Category: Law

Page: 1168

View: 443

The European Union has established itself as a significant international legal actor. Understanding the EU's actions on the international plane requires an understanding of its constantly evolving constitutional and legal framework. This book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. It combines chapters on the general basis of the Union's external action and its relation to international law with chapters which further explore the law and practice of the EU in the specialized fields of external action such as the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy, as well as a chapter specifically dedicated to EU sanctions and countermeasures. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
Categories: Law

Refugee Law and Practice in Japan

Refugee Law and Practice in Japan

Unless further information is required , in general , the Director of the Refugee
Recognition Section makes a recommendation to grant or not grant refugee
status and delivers the case to the Minister of Justice who , on the basis of this
advice ...

Author: Osamu Arakaki

Publisher: Ashgate Publishing, Ltd.

ISBN: 0754670090

Category: Law

Page: 270

View: 566

This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in Australia and New Zealand to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.
Categories: Law