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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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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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Asylum, Right of. --- Asylum, Right of --- Emigration and immigration --- Government policy. --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Law and legislation --- Legal status, laws, etc.
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Asylum, Right of --- -Political regugees --- -Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Legal status, laws, etc --- -Law and legislation --- Legal status, laws, etc. --- Political refugees --- -Legal status, laws, etc --- Asylum seekers --- Refugees, Political
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Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
Asylum, Right of. --- Political refugees --- Law and globalization. --- Globalization and law --- Globalization --- 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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Migration and refugee law and policy is fundamentally concerned with the choices that we as a nation make regarding the people that we want to allow into our community and share our resources. Migration and Refugee Law: Principles and Practices in Australia provides an overview of the legal principles governing the entry of people into Australia. As well as dealing with migration and refugee law today, the book analyses the policy and moral considerations underpinning this area of law. This is especially so in relation to refugee law, which is one of the most divisive social issues of our time. The book suggests proposals for change and how this area of law can be made more coherent and principled. This book is written for all people who have an interest in migration and refugee law, including judicial officers, migration agents and lawyers, and students.
Emigration and immigration law --- Political refugees --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Asylum seekers --- Refugees, Political --- Legal status, laws, etc. --- Law and legislation --- Law --- General and Others
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This book argues that states have a special obligation to offer asylum as a form of reparation to refugees for whose flight they are responsible. It shows the great relevance of reparative justice, and the importance of the causes of contemporary forced migration, for our understanding of states responsibilities to refugees. Part I explains how this view presents an alternative to the dominant humanitarian approach to asylum in political theory and some practice. Part II outlines the conditions under which asylum should act as a form of reparation, arguing that a state owes this form of asylum to refugees where it bears responsibility for the unjustified harms that they experience, and where asylum is the most fitting form of reparation available. Part III explores some of the ethical implications of this reparative approach to asylum for the workings of states asylum systems and the international politics of refugee protection. James Souter is a lecturer at the School of Politics and International Studies, University of Leeds, UK. He holds a DPhil from the Refugee Studies Centre, University of Oxford, and has published articles in academic journals such as Political Studies, International Affairs and the Journal of Social Philosophy.
Asylum, Right of. --- Emigration and immigration --- Government policy. --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Law and legislation --- Legal status, laws, etc. --- Asylum, Right of (Ancient law) --- Political refugees --- Law, Ancient
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Human rights --- International private law --- Asylum, Right of. --- Refugees --- Legal status, laws, etc. --- Protection --- International cooperation. --- Asylum, Right of --- Displaced persons --- Persons --- Aliens --- Deportees --- Exiles --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Legal status, laws, etc --- Protection&delete& --- International cooperation --- Law and legislation --- Droit international public --- Problèmes sociaux --- Droit d'asile --- Expulsion des étrangers --- Individus --- Réfugiés
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