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Author : Gregor Noll
Publisher :
ISBN 13 : 9789004142008
Total Pages : 233 pages
Book Rating : 4.1/5 (42 download)
Download or read book Proof, Evidentiary Assessment and Credibility in Asylum Procedures written by Gregor Noll and published by . This book was released on 2005 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gregor Noll
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (744 download)
Download or read book Proof, Evidentiary Assessment and Credibility in Asylum Procedures. The Raoul Wallenberg Institute Human Rights Library written by Gregor Noll and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess. Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment. Drawing on the results of a 12-month research project within the framework of the Refugee Research Programme and of three interdisciplinary expert conferences held at the Danish Centre for Human Rights, Copenhagen, the Institute for International Integration Studies, Dublin, and the Faculty of Law, Lund, this volume sets new parameters for an informed debate on evidence in asylum cases.
Author : Ida Staffans
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900421996X
Total Pages : 306 pages
Book Rating : 4.0/5 (42 download)
Download or read book Evidence in European Asylum Procedures written by Ida Staffans and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.
Author : Stefan Keßler
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)
Download or read book Gregor Noll (Hrsg.): Proof, Evidentiary Assessment and Credibility in Asylum Procedures (The Raoul Wallenberg Institute Human Rights Library ; Vol. 16) written by Stefan Keßler and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dana Baldinger
Publisher : Hotei Publishing
ISBN 13 : 9004290729
Total Pages : 562 pages
Book Rating : 4.0/5 (42 download)
Download or read book Vertical Judicial Dialogues in Asylum Cases written by Dana Baldinger and published by Hotei Publishing. This book was released on 2015-05-12 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.
Author : C. A. F. M. Grütters
Publisher : Wolf Legal Publishers
ISBN 13 : 9789462400610
Total Pages : 0 pages
Book Rating : 4.4/5 (6 download)
Download or read book Assessment of Credibility by Judges in Asylum Cases in the EU written by C. A. F. M. Grütters and published by Wolf Legal Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Seminar contributions of a seminar at Radboud University Nijmegen, 16 April 2013 on Judicial Scrutiny and Credibility Assessment in Asylum Procedures"--Page 11.
Author : Rosemary Byrne
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)
Download or read book Assessing Testimonial Evidence in Asylum Proceedings written by Rosemary Byrne and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although credibility determinations rest at the core of refugee protection, international refugee law has failed to develop a body of evidentiary principles that is tailored to the unique dimensions of the testimony of those seeking asylum. This article examines recent developments in assessing oral testimony in international criminal law. International criminal law judges, like national asylum adjudicators, must transcend geographic, linguistic, cultural, educational and psychological barriers in order to assess the credibility of testimony. As a result, these new international courts have developed a body of principles of international evidence law for assessing the testimony of alleged victims of, and witnesses to, human rights abuses. Current social science research on the asylum procedures in several jurisdictions reveals that asylum decision makers often fail to adapt the determination process to account for the realities of refugees presenting their cases in legal fora, directing proceedings with a presumptive skepticism of claims. It is argued that the nuanced and rigourous model for the assessment of the testimonial evidence of alleged victims and witnesses of human rights abuses in war crimes trials introduces effective international norms for the assessment of credibility in asylum proceedings.
Author : Dana Baldinger
Publisher :
ISBN 13 : 9789058509529
Total Pages : 0 pages
Book Rating : 4.5/5 (95 download)
Download or read book Rigorous Scrutiny Versus Marginal Review written by Dana Baldinger and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores what international and EU law require from the national asylum judge with regard to the required intensity of the judicial scrutiny to be applied, and with regard to evidentiary issues, such as the standard and burden of proof, the assessment of credibility, the required level of individualisation, the admission and evaluation of evidence, opportunities for presenting evidence and time limits for submitting evidence. To that end, an analysis is made of the provisions on national (judicial) proceedings contained in the Refugee Convention, the International Covenant on Civil and Political Rights, the UN Convention against Torture, the European Convention on Human Rights, the Charter of Fundamental Rights of the EU and a number of secondary EU law instruments, such as the EU Qualification Directive and the EU Asylum Procedures Directive, with a particular focus on issues of evidence and judicial scrutiny.
Download or read book Credibility Assessment in Asylum Procedures - a Multidisciplinary Training Manual written by and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Credibility Assessment in Asylum Procedures - a Multidisciplinary Training Manual written by and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nick Gill
Publisher : Springer
ISBN 13 : 3319947494
Total Pages : 346 pages
Book Rating : 4.3/5 (199 download)
Download or read book Asylum Determination in Europe written by Nick Gill and published by Springer. This book was released on 2018-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided.The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.
Author : Cathryn Costello
Publisher : Oxford University Press
ISBN 13 : 0198848633
Total Pages : 1337 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Author : Carmelo Danisi
Publisher : Springer Nature
ISBN 13 : 3030694410
Total Pages : 497 pages
Book Rating : 4.0/5 (36 download)
Download or read book Queering Asylum in Europe written by Carmelo Danisi and published by Springer Nature. This book was released on 2021-08-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
Author : Martin Geiger
Publisher : Springer Nature
ISBN 13 : 3030329763
Total Pages : 326 pages
Book Rating : 4.0/5 (33 download)
Download or read book The International Organization for Migration written by Martin Geiger and published by Springer Nature. This book was released on 2020-02-18 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2016, the International Organization for Migration (IOM) became part of the United Nations. With 173 member states and more than 400 field offices, the IOM—the new ‘UN migration agency’—plays a key role in migration governance. The contributors in this volume provide an in-depth and comprehensive insight into the IOM, its transformation, current structure and projects, as well as its capacity, self-understanding and political agenda.
Author : Benjamin N. Lawrance
Publisher : Cambridge University Press
ISBN 13 : 1107069068
Total Pages : 281 pages
Book Rating : 4.1/5 (7 download)
Download or read book Adjudicating Refugee and Asylum Status written by Benjamin N. Lawrance and published by Cambridge University Press. This book was released on 2015-02-26 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.
Author : Gail Theisen-Womersley
Publisher : Springer Nature
ISBN 13 : 3030677125
Total Pages : 312 pages
Book Rating : 4.0/5 (36 download)
Download or read book Trauma and Resilience Among Displaced Populations written by Gail Theisen-Womersley and published by Springer Nature. This book was released on 2021-03-19 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides an enriched understanding of historical, collective, cultural, and identity-related trauma, emphasising the social and political location of human subjects. It therefore presents a socio-ecological perspective on trauma, rather than viewing displaced individuals as traumatised “passive victims”. The vastness of the phenomenon of trauma among displaced populations has led it to become a critical and timely area of inquiry, and this book is an important addition to the literature. It gives an overview of theoretical frameworks related to trauma and migration—exploring factors of risk and resilience, prevalence rates of PTSD, and conceptualisations of trauma beyond psychiatric diagnoses; conceptualises experiences of trauma from a sociocultural perspective (including collective trauma, collective aspirations, and collective resilience); and provides applications for professionals working with displaced populations in complex institutional, legal, and humanitarian settings. It includes case studies based on the author’s own 10-year experience working in emergency contexts with displaced populations in 11 countries across the world. This book presents unique data collected by the author herself, including interviews with survivors of ISIS attacks, with an asylum seeker in Switzerland who set himself alight in protest against asylum procedures, and women from the Murle tribe affected by the conflict in South Sudan who experienced an episode of mass fainting spells. This is an important resource for academics and professionals working in the field of trauma studies and with traumatised groups and individuals.
Author : Hilary Evans Cameron
Publisher : Cambridge University Press
ISBN 13 : 1108427073
Total Pages : 233 pages
Book Rating : 4.1/5 (84 download)
Download or read book Refugee Law's Fact-Finding Crisis written by Hilary Evans Cameron and published by Cambridge University Press. This book was released on 2018-05-10 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.
