Refugee Roulette

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Refugee Roulette

Author : Jaya Ramji-Nogales
Publisher : NYU Press
ISBN 13 : 0814741061
Total Pages : 356 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Refugee Roulette by : Jaya Ramji-Nogales

Download or read book Refugee Roulette written by Jaya Ramji-Nogales and published by NYU Press. This book was released on 2011-04-29 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance. Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors' research and recommendations Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.

Lives in the Balance

Author : Philip G. Schrag
Publisher : NYU Press
ISBN 13 : 1479865982
Total Pages : 288 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Lives in the Balance by : Philip G. Schrag

Download or read book Lives in the Balance written by Philip G. Schrag and published by NYU Press. This book was released on 2014-01-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors’ recommendations, including repeal of the one-year deadline, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

Author : Madalina Moraru
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922970
Total Pages : 528 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union by : Madalina Moraru

Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

Asylum and “Credible Fear” Issues in U.S. Immigration Policy

Author :
Publisher : DIANE Publishing
ISBN 13 : 1437984738
Total Pages : 39 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Asylum and “Credible Fear” Issues in U.S. Immigration Policy by :

Download or read book Asylum and “Credible Fear” Issues in U.S. Immigration Policy written by and published by DIANE Publishing. This book was released on with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Justice and Asylum Appeals

Author : Robert Thomas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316247
Total Pages : 342 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Administrative Justice and Asylum Appeals by : Robert Thomas

Download or read book Administrative Justice and Asylum Appeals written by Robert Thomas and published by Bloomsbury Publishing. This book was released on 2011-01-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.

Refugee Law's Fact-Finding Crisis

Author : Hilary Evans Cameron
Publisher : Cambridge University Press
ISBN 13 : 1108427073
Total Pages : 233 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Refugee Law's Fact-Finding Crisis by : Hilary Evans Cameron

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.

The Internal Protection Alternative in Refugee Law

Author : Jessica Schultz
Publisher : BRILL
ISBN 13 : 9004361960
Total Pages : 443 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Internal Protection Alternative in Refugee Law by : Jessica Schultz

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.

Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria

Author : Julia Dahlvik
Publisher : Springer
ISBN 13 : 3319633066
Total Pages : 208 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria by : Julia Dahlvik

Download or read book Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria written by Julia Dahlvik and published by Springer. This book was released on 2018-04-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of International Refugee Law

Author : Cathryn Costello
Publisher : Oxford University Press
ISBN 13 : 0192588338
Total Pages : 1337 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Refugee Law by : Cathryn Costello

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 2021-06-02 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.

Queering Asylum in Europe

Author : Carmelo Danisi
Publisher : Springer Nature
ISBN 13 : 3030694410
Total Pages : 497 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Queering Asylum in Europe by : Carmelo Danisi

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.

Selected Topics in Migration Studies

Author : Frank D. Bean
Publisher : Springer Nature
ISBN 13 : 3031196317
Total Pages : 308 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Selected Topics in Migration Studies by : Frank D. Bean

Download or read book Selected Topics in Migration Studies written by Frank D. Bean and published by Springer Nature. This book was released on 2023-04-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a collection of key papers about migration, focusing on multiple aspects of international and internal migration in various times and places. Because migration has been such an important part of global peopling, the book contains synopses of major geographic movements from ancient and early history as well as the present. It includes material from anthropology, archaeology, criminology, demography, economics, ethnic studies, geography, health sciences, history, law, public policy, political science, psychology, and sociology. By providing a treatment of migration that is multifaceted, comparative, and multi-disciplinary, it offers not only a basis for conceptualizing broad features of migration and their changes, but also one for discerning the formal and informal policy auspices that have influenced migration. The book thus constitutes a significant resource for students, teachers, practitioners, scholars, and researchers interested in or working on aspects of migration in any field. It should be particularly useful for people seeking information and knowledge about migration from fields other than their own.

Refugees and Asylum Seekers

Author : S. Megan Berthold
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440854963
Total Pages : 398 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis Refugees and Asylum Seekers by : S. Megan Berthold

Download or read book Refugees and Asylum Seekers written by S. Megan Berthold and published by Bloomsbury Publishing USA. This book was released on 2019-06-24 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume engages human rights, domestic immigration law, refugee policy in the United States, Canada, and Europe, and scholarship to examine forced migration, refugee resettlement, asylum seeker experiences, policies and programs for refugee well-being in North America and Europe. Given the recent "re-politicization" of forced migration and refugees in Europe and the U.S., this edited collection presents an in-depth, multi-dimensional analysis of the history of policies and laws related to the status of refugees and asylum seekers in the U.S., Canada, and Europe and the challenges and prospects of refugee and asylum seeker assistance and integration in the 21st century. The book provides rich insights on institutional perspectives critical to understanding the politics and practices of refugee resettlement and the asylum process in the U.S., Canada, and Europe, including international human rights and humanitarian law as well as domestic laws and policies related to forced migrants. Issues addressed include social welfare supports for resettled refugees; culturally responsive health and mental health approaches to working with refugees and asylum seekers; systemic failures in the asylum processing systems; and rights-based approaches to working with forced migrant children. The book also examines policy developments and strategies to advance the well-being and social inclusion of refugees in the U.S. and Europe.

Let Me Be a Refugee

Author : Rebecca Hamlin
Publisher : Oxford University Press
ISBN 13 : 0199373329
Total Pages : 240 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Let Me Be a Refugee by : Rebecca Hamlin

Download or read book Let Me Be a Refugee written by Rebecca Hamlin and published by Oxford University Press. This book was released on 2014-08-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law provides states with a common definition of a "refugee" as well as guidelines outlining how asylum claims should be decided. Yet even across nations with many commonalities, the processes of determining refugee status look strikingly different. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations: the United States, Canada, and Australia. Though they exhibit similarly high levels of political resistance to accepting asylum seekers, refugees access three very different systems-none of which are totally restrictive or expansive-once across their borders. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being designated as refugees. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Rebecca Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with how insulated administrative decision-making is from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.

Technologies of Suspicion and the Ethics of Obligation in Political Asylum

Author : Bridget M. Haas
Publisher : Ohio University Press
ISBN 13 : 0821446673
Total Pages : 335 pages
Book Rating : 4.8/5 (214 download)

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Book Synopsis Technologies of Suspicion and the Ethics of Obligation in Political Asylum by : Bridget M. Haas

Download or read book Technologies of Suspicion and the Ethics of Obligation in Political Asylum written by Bridget M. Haas and published by Ohio University Press. This book was released on 2019-03-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, migration has been met with intensifying modes of criminalization and securitization, and claims for political asylum are increasingly met with suspicion. Asylum seekers have become the focus of global debates surrounding humanitarian obligations, on the one hand, and concerns surrounding national security and border control, on the other. In Technologies of Suspicion and the Ethics of Obligation in Political Asylum, contributors provide fine-tuned analyses of political asylum systems and the adjudication of asylum claims across a range of sociocultural and geopolitical contexts. The contributors to this timely volume, drawing on a variety of theoretical perspectives, offer critical insights into the processes by which tensions between humanitarianism and security are negotiated at the local level, often with negative consequences for asylum seekers. By investigating how a politics of suspicion within asylum systems is enacted in everyday practices and interactions, the authors illustrate how asylum seekers are often produced as suspicious subjects by the very systems to which they appeal for protection. Contributors: Ilil Benjamin, Carol Bohmer, Nadia El-Shaarawi, Bridget M. Haas, John Beard Haviland, Marco Jacquemet, Benjamin N. Lawrance, Rachel Lewis, Sara McKinnon, Amy Shuman, Charles Watters

Asylum Matters

Author : Laura Affolter
Publisher : Springer Nature
ISBN 13 : 303061512X
Total Pages : 213 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Asylum Matters by : Laura Affolter

Download or read book Asylum Matters written by Laura Affolter and published by Springer Nature. This book was released on 2020-11-30 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination. It sheds light on organisational socialisation processes and on the professional norms and values at the heart of administrative work. By doing so, it shows how disbelief becomes normalised in the office. This book speaks to legal scholars, sociologists, anthropologists, human geographers and political scientists interested in bureaucracy, asylum law, migration studies and socio-legal studies, and to NGOs working in the field of asylum.

Foreigners, Refugees or Minorities?

Author : Didier Bigo
Publisher : Routledge
ISBN 13 : 1317133935
Total Pages : 280 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Foreigners, Refugees or Minorities? by : Didier Bigo

Download or read book Foreigners, Refugees or Minorities? written by Didier Bigo and published by Routledge. This book was released on 2016-04-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: When immigration policy and the treatment of Roma collide in international relations there are surprising consequences which are revelatory of the underlying tensions between internal and external policies in the European Union. This book examines the relationship of citizenship, ethnicity and international relations and how these three aspects of the State, its people and its neighbours relate to one another. It studies the wide issue of international relations, citizenship and minority discrimination through the lens of the case study of European Roma who seek refugee status in Canada on account of their persecution in Europe. The volume assesses the relationships among citizenship, state protection and persecution and minority status, and how they can intersect with and destabilize foreign affairs. The central background to the book is the European treatment of Roma, their linkages with visa and asylum policies and their human rights repercussions . The various contributions reveal how modern liberal democracies can find themselves in contradictory positions concerning their citizens - when these are looking for protection abroad - and foreigners - in search of international protection - as a consequence of visa and pre-border surveillance policies and practices.

The End of Asylum

Author : Andrew Ian Schoenholtz
Publisher : Georgetown University Press
ISBN 13 : 1647121078
Total Pages : 224 pages
Book Rating : 4.6/5 (471 download)

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Book Synopsis The End of Asylum by : Andrew Ian Schoenholtz

Download or read book The End of Asylum written by Andrew Ian Schoenholtz and published by Georgetown University Press. This book was released on 2021 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Trump administration's war on asylum and what we can do about it