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Author : Yao Li
Publisher : BRILL
ISBN 13 : 900434974X
Total Pages : 395 pages
Book Rating : 4.0/5 (43 download)
Download or read book Exclusion from Protection as a Refugee written by Yao Li and published by BRILL. This book was released on 2017-09-12 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Amelia Martha Matera
Publisher : GRIN Verlag
ISBN 13 : 3668886318
Total Pages : 18 pages
Book Rating : 4.6/5 (688 download)
Download or read book Exclusion From Protection in Asylum Law written by Amelia Martha Matera and published by GRIN Verlag. This book was released on 2019-02-26 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2018 in the subject Law - European and International Law, Intellectual Properties, University of Malta, course: M.A. European Politics, Economics and Law, language: English, abstract: The present work takes a closer look at the rare case of exclusion in asylum law. This article will analyse into detail which crimes and acts are taken in consideration. First, it will give an introduction of the legal framework of exclusion. In the second part it will analyse in depth the steps of the exclusion assessment, referring to experts such as EASO and the UNHCR. The article will conclude with a summary of the findings. Exclusion is a rare circumstance in the asylum procedure. The criteria to establish inclusion exactly like exclusion are set out in the Convention Relating to the Status of Refugees, from now on 1951 Refugee Convention. An asylum seeker who applied for international protection will go through an assessment done by an authority establishing whether he or she is entitled for international protection. If the person is entitled to protection according to the refugee definition stated in the 1951 Refugee Convention the person will be included. Being included means that the person needs protection because he or she has been forced to flee his or her country because of persecution, a refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Being included is also a prerogative for exclusion, a person cannot be excluded if he or she is first not included. The principle of exclusion is that the person who applied for asylum does not deserve protection. The aim of the 1951 Refugee Convention is to protect potential victims, not to protest criminals, therefore it does not have to be misused. The reason for not deserving protection can be mainly three. The first case is when the person is already beneficiary of protection, because he or she receives assistance from organs or agencies of the United Nations. The second scenario is when the person is recognised by the competent authorities of the country in which he or she has taken residence as having the same rights and obligations of the citizen in possession of the nationality of that country. The third and maybe most controversial scenario is when the person claiming asylum is responsible of a crime or an act so serious that the person is not considered to deserve protection.
Author : Kate Jastram
Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.F/5 ( download)
Download or read book Refugee Protection written by Kate Jastram and published by . This book was released on 2001 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. The role of UNHCR
Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0199281300
Total Pages : 847 pages
Book Rating : 4.1/5 (992 download)
Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2007 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.
Author : Joseph Rikhof
Publisher : Republic of Letters
ISBN 13 : 9789089791122
Total Pages : 615 pages
Book Rating : 4.7/5 (911 download)
Download or read book The Criminal Refugee written by Joseph Rikhof and published by Republic of Letters. This book was released on 2012 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Series, 3 (Library of Human Rights, 3) After the Second World War human rights law became entrenched in legal discourse as witnessed by a proliferation of human rights treaties. While the right of asylum was recognized as an fundamental right in the Universal Declaration of Human Rights, it has never been an absolute right but always restricted in various ways, the most important ones being that asylum should not be conferred on criminals and that refugees with a criminal background could be removed from the country of refuge. This book examines the extensive jurisprudence at the international and domestic level, which has attempted to balance the right of asylum for an individual versus the right of the state of refuge to restrict this right in situations of criminality. TABLE OF CONTENTS Chapter 1: Introduction Chapter 2: History Chapter 3: Exclusion Chapter 4: Refoulement Chapter 5: Alternatives to Refoulement Chapter 6: Conclusion Appendix: Geographical Listing of Court/Tribunal Decisions regarding Nefarious Organizations Jurisprudence Literature and Official Documents Index ABOUT THE AUTHOR Joseph Rikhof has received a BCL from the University of Nijmegen in The Netherlands; a LL.B degree from McGill University in Canada; a Diploma in Air and Space Law, also from McGill University and a PhD from the Irish Center for Human Rights. He teaches the course International Criminal Law at the University of Ottawa. He is Senior Counsel, Manager of the Law with the Crimes against Humanity and War Crimes Section of the Department of Justice, Canada. He was a visiting professional with the International Criminal Court in 2005 while also serving as Special Counsel and Policy Advisor to the Modern War Crimes Section of the Department of Citizenship and Immigration between 1998 and 2002. His area of expertise lies with the law related to organized crime, terrorism, genocide, war crimes and crimes against humanity, especially in the context of immigration and refugee law. He has written over 30 articles as well his PhD thesis exploring these research interests and has lectured on the same topics in North and South America, Europe, Africa, the Middle East, Australia and New Zealand.
Author : Satvinder Singh Juss
Publisher : Edward Elgar Publishing
ISBN 13 : 1782547665
Total Pages : 337 pages
Book Rating : 4.7/5 (825 download)
Download or read book Contemporary Issues in Refugee Law written by Satvinder Singh Juss and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the 'Arab Awakening' gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours. The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favoured polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead. Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners.
Author : Ph. J. Muus
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.F/5 ( download)
Download or read book Exclusion and Inclusion of Refugees in Contemporary Europe written by Ph. J. Muus and published by . This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migrants - Guy S. Goodwin-Gil
Author : Zarif Bahtiyar
Publisher : Wolf Legal Publishers
ISBN 13 : 9789462402850
Total Pages : 0 pages
Book Rating : 4.4/5 (28 download)
Download or read book Exclusion Clauses of the Refugee Convention in Relation to National Immigration Legislations, European Policy, and Human Rights Instruments written by Zarif Bahtiyar and published by Wolf Legal Publishers. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 1F of the Refugee Convention excludes persons with respect to whom there are serious reasons for considering that they have committed a crime against peace, a war crime or a crime against humanity, a serious non-political crime outside the country of refuge prior to their admission to that country as a refugee, or acts contrary to the purposes and principles of the United Nations. A 1F applicant loses any protection which would have been available under the Convention and, consequently, becomes ineligible for a residence permit under asylum. Though the exclusion of an asylum seeker basically leads to expulsion, this may be impossible to execute due to legal obstacles, such as the non-refoulement principle. According to this principle, no one should be returned to a country where he fears for his life or freedom. This book is the result of a study into Article 1F, including an in-depth focus on the post-exclusion phase from a national and European perspective. In this study, the author seeks solutions regarding the dilemmas surrounding the position of non-removable excluded asylum seekers. With its description of the applicable law as it stands, its theoretical framework and comparative elements, this research will be of value to legal practice. It will contribute to the continual debate regarding the possibilities and limits of developing a Common European Asylum System. [Subject: Human Rights Law, European Law]
Author : Jessica Schultz
Publisher : BRILL
ISBN 13 : 9004361960
Total Pages : 443 pages
Book Rating : 4.0/5 (43 download)
Download or read book The Internal Protection Alternative in Refugee Law written by Jessica Schultz and published by BRILL. This book was released on 2018-12-06 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internal Protection Alternative in Refugee Law addresses the legal conditions under which a refugee claimant may be returned to a safe area within her country of origin.
Author : David Miller
Publisher : Cambridge University Press
ISBN 13 : 1108668046
Total Pages : 468 pages
Book Rating : 4.1/5 (86 download)
Download or read book The Political Philosophy of Refuge written by David Miller and published by Cambridge University Press. This book was released on 2021-05-20 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to assess and deal with the claims of millions of displaced people to find refuge and asylum in safe and prosperous countries is one of the most pressing issues of modern political philosophy. In this timely volume, fresh insights are offered into the political and moral implications of refugee crises and the treatment of asylum seekers. The contributions illustrate the widening of the debate over what is owed to refugees, and why it is assumed that national state actors and the international community owe special consideration and protection. Among the specific issues discussed are refugees' rights and duties, refugee selection, whether repatriation can be encouraged or required, and the ethics of sanctuary policies.
Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0192520350
Total Pages : 847 pages
Book Rating : 4.1/5 (925 download)
Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2007-03-22 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.
Author : Julie Fraser
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107308
Total Pages : 456 pages
Book Rating : 4.8/5 (391 download)
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Author : Satvinder Singh Juss
Publisher : Edward Elgar Publishing
ISBN 13 : 0857932810
Total Pages : 464 pages
Book Rating : 4.8/5 (579 download)
Download or read book Research Handbook on International Refugee Law written by Satvinder Singh Juss and published by Edward Elgar Publishing. This book was released on 2019 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
Author : M. Rafiqul Islam
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004226168
Total Pages : 447 pages
Book Rating : 4.0/5 (42 download)
Download or read book An Introduction to International Refugee Law written by M. Rafiqul Islam and published by Martinus Nijhoff Publishers. This book was released on 2013-05-15 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.
Author : Sarah Singer
Publisher : Hotei Publishing
ISBN 13 : 9004292063
Total Pages : 284 pages
Book Rating : 4.0/5 (42 download)
Download or read book Terrorism and Exclusion from Refugee Status in the UK written by Sarah Singer and published by Hotei Publishing. This book was released on 2015-05-13 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Terrorism and Exclusion from Refugee Status in the UK, Sarah Singer examines how ‘terrorism’ has featured in the interpretation and application of the Refugee Convention’s ‘exclusion clause’ and explores the UK’s approach to asylum seekers suspected of serious criminality.
Author : Hne Lambert
Publisher : Routledge
ISBN 13 : 1351562215
Total Pages : 554 pages
Book Rating : 4.3/5 (515 download)
Download or read book International Refugee Law written by Hne Lambert and published by Routledge. This book was released on 2017-07-05 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
Author : Susan Kneebone
Publisher : Routledge
ISBN 13 : 1135046905
Total Pages : 367 pages
Book Rating : 4.1/5 (35 download)
Download or read book Refugee Protection and the Role of Law written by Susan Kneebone and published by Routledge. This book was released on 2014-06-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?
