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Asylum, Right of --- Refugees --- International unification. --- Legal status, laws, etc. --- International unification --- Legal status, laws, etc --- Right of asylum --- Sanctuary (Law) --- Law and legislation --- Defection --- Deportation --- Extradition
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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.
Asylum, Right of. --- Refugees --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Legal status, laws, etc. --- Law and legislation
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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.
Refugees --- Asylum, Right of --- Asylum, Right of. --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Legal status, laws, etc. --- Law and legislation
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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.
Political refugees --- Asylum, Right of. --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Legal status, laws, etc. --- Law and legislation --- Law --- General and Others
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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.
Asylum, Right of. --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Law and legislation --- Legal status, laws, etc. --- Social Sciences --- Political Science
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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.
Asylum, Right of. --- Refugees --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Legal status, laws, etc. --- Law and legislation --- Refugees - Legal status, laws, etc.
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Asylum, Right of. --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Law and legislation --- Legal status, laws, etc.
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Asylum, Right of --- Psychological aspects. --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Law and legislation --- Legal status, laws, etc.
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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.
Sexual minority political refugees --- Asylum, Right of. --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Political refugees --- Legal status, laws, etc. --- Law and legislation
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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"--
Political refugees --- Gay political refugees --- Asylum, Right of --- Legal status, laws, etc. --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Asylum seekers --- Refugees, Political --- Law and legislation
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