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Die Asylrechtsharmonisierung in der Europäischen Union : unter besonderer Berücksichtigung der Richtlinie zur Festlegung von Mindestnormen für die Aufnahme von Asylbewerbern in den Mitgliedstaaten.
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ISBN: 3631523920 Year: 2004 Publisher: Frankfurt am Main Lang

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The International Protection Alternative in refugee law. : Treaty basis and scope of application under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol
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ISBN: 9789004361959 9004361952 9789004361966 9004361960 Year: 2018 Publisher: Leiden Koninklijke Brill NV

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Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.


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'Protection' in european union asylum law : international and european law requirements for assessing available protection as a criterion for refugee and subsidiary status
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ISSN: 22133836 ISBN: 9789004430242 9004430245 9789004430396 9004430393 Year: 2020 Volume: 18 Publisher: Leiden, The Netherlands : Koninklijke Brill NV,

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Asylum law in the European Union is ripe with caveats that allow authorities to reject asylum applications due to 'protection' received in the home country or another location. But what does 'protection' mean in this context? And when is it strong enough to make denying an application lawful? Departing from the notion that refugee status is a "surrogate" for lacking protection at home, Julian M. Lehmann investigates the interplay of international law and European Union law on protection against harm by non-state actors, the Internal Protection Alternative concept, and asylum in third countries en route to the European Union. Lehmann demonstrates how conflating these concepts risks equating international protection with mere safety, which stands in contrast to the very purpose of refugee law.


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Critical issues in international refugee law : strategies toward interpretative harmony
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ISBN: 1107205662 0511849141 1282818112 9786612818110 0511917406 0511916426 051191461X 0511918380 0511762860 0511912811 9780511918384 9780521199520 0521199522 9780511914614 9780511762864 9781107685963 1107685966 9781107205666 9780511849145 9781282818118 6612818115 9780511917400 9780511916427 9780511912818 Year: 2010 Publisher: Cambridge : Cambridge University Press,

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This volume of essays examines key cutting-edge areas of international refugee law, including strategies for interpretative harmony, the rights of refugees and the standard of proof in complementary protection. Each topic is examined from a theoretical and a practical perspective in order to find solutions to the many legal issues and concerns which currently confront this area of law, and to seek ways to advance the field as a whole.


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Rethinking asylum : history, purpose, and limits
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ISBN: 051173896X 110719959X 0521707471 0511646739 1282391143 9786612391149 0511650817 0511539304 0511538472 0511540140 9780511650819 9780511626845 0511626843 9780521881166 0521881161 9780521707473 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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Each year, hundreds of thousands of people apply for asylum in Europe, North America, and Australia. Some fear political persecution and genocide; some are escaping civil war or environmental catastrophe; others flee poverty, crime, or domestic violence. Who should qualify for asylum? Traditionally, asylum has been reserved for the targets of government persecution, but many believe that its scope should be widened to protect others exposed to serious harm. Matthew Price argues for retaining asylum's focus on persecution - even as other types of refugee aid are expanded - and offers a framework for deciding what constitutes persecution. Asylum, he argues, not only protects refugees but also expresses political values by condemning states for mistreating those refugees. Price's argument explains not only why asylum remains politically relevant and valuable, but also why states should dismantle many of the barriers they have erected against asylum seekers over the last fifteen years.


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Refuge lost : asylum law in an interdependent world
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ISBN: 110864645X 1108611656 110834903X 1108425259 1108441416 9781108441414 9781108425254 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.


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Diplomatic asylum : exploring a legal basis for the practice under general international law
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ISBN: 3030730468 303073045X Year: 2021 Publisher: Cham, Switzerland : Springer,

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The evolving psyche of law in Europe : the psychology of human rights and asylum frameworks
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ISBN: 3030744132 3030744124 Year: 2021 Publisher: Cham, Switzerland : Springer,

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The concealment controversy : sexual orientation, discretion reasoning and the scope of refugee protection
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ISBN: 110893840X 1108945589 1108944825 1108837093 Year: 2021 Publisher: Cambridge : Cambridge University Press,

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The idea that a claim for international protection can be rejected on the basis that the claimant behave 'discreetly' in their country of origin has remained resilient in asylum claims based on sexual orientation, but also other grounds of claim. This is significant because requiring an asylum-seeker to forgo the reason for which they are persecuted questions the very rationale of refugee protection. This book represents the first principled examination of concealment in refugee law. Janna Wessels connects the different strands of the long-standing debate in both common and civil law jurisdictions and scholarship concerning the question of whether and under which circumstances a claimant must conceal to avoid persecution. In so doing, Wessels uncovers a fundamental tension at the core of the refugee concept. By using sexuality as a lens, this study breaks new ground regarding sexual orientation claims and wider issues surrounding the refugee definition.


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The right kind of suffering : gender, sexuality, and Arab asylum seekers in America
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ISBN: 9781477326404 9781477326398 1477326391 Year: 2023 Publisher: Austin : University of Texas Press,

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"Even before the former administration upended the asylum process in the US, it was an exacting and drawn-out process that turned away many people. Overloaded courts, constantly changing dates and appointments, and the need to prove oneself the "right" kind of asylum seeker were harrowing enough before adding the language barrier that many faced. Rhoda Kanaaneh became a volunteer translator for Arab plaintiffs and soon began to learn the ins and outs of the system by hearing the lawyers of those who were lucky enough to have them explain how the process worked to their clients. In this book, she follows the cases of four Arabs who sought asylum on the grounds of their gender or sexuality and how they had to demonstrate "the right kind of suffering" for the courts. Suad had to make sense of her confused memories in order to present an ordered story of her forced circumcision and police harassment in Sudan. Fatima had to visit doctors and therapists to document decades of abuse at the hands of her husband, while downplaying the resultant mental illness she suffered. Fadi had to look "gay enough" to qualify for asylum even after documenting his arrest and torture in Jordan because of his homosexuality. Marwa had to downplay her environmental activism while explaining her hardship as a lesbian in a Shiite family in Lebanon. All four of these asylum seekers were ultimately successful after many years, thanks to the help of pro-bono lawyers who taught them how to navigate the system and highlight certain aspects of their lives while hiding others in order to strike the right note for the courts. Kanaaneh uses their stories to open the door to the painful process of asylum, where more fail than succeed. She also describes the unique challenges Arab asylum seekers faced in the post-9/11 United States and what their travails revealed about the country in which they wanted to find refuge"--

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