Access to Asylum

International Refugee Law and the Globalisation of Migration Control

Author: Thomas Gammeltoft-Hansen

Publisher: Cambridge University Press

ISBN: 113950116X

Category: Political Science

Page: N.A

View: 4920

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.

Access to Justice for Migrants and Asylum Seekers in Europe

Author: Jeremy McBride

Publisher: Council of Europe

ISBN: 9789287166456

Category: Business & Economics

Page: 129

View: 8227

Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.

States, the Law and Access to Refugee Protection

Fortresses and Fairness

Author: Maria O'Sullivan,Dallal Stevens

Publisher: Bloomsbury Publishing

ISBN: 1509901302

Category: Law

Page: 336

View: 471

This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.

Asylum and the European Convention on Human Rights

Author: Nuala Mole

Publisher: Council of Europe

ISBN: 9789287162175

Category: Law

Page: 149

View: 3572

Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers. This revised edition considers the substantial body of case law of the European Court of Human Rights which has examined the compatibility of the Convention with measures taken by states in relation to all aspects of the asylum process. It also observes the role of subsidiary protection offered by the Strasbourg organs in protecting those at risk of prohibited treatment.. In addition, the study considers the increasingly relevant provisions of EU law developments in the field, as well as measures taken in the context of terrorist threats - both of which have had a significant impact on the practical circumstances and law on refugees and asylum seekers.

Access to Justice

Focus on Refugee and Asylum Seekers

Author: Human Rights Committee of South Africa

Publisher: N.A


Category: Asylum, Right of

Page: 140

View: 4424


The Right to Seek Refugee Status in the European Union

Author: Sylvie Da Lomba

Publisher: Intersentia nv

ISBN: 9050953492

Category: Law

Page: 325

View: 1666

This book analyses the implications of the EU asylum policy for the right to seek refugee status within the meaning of the 1951 UN Convention relating to the Status of Refugees. Relevant EU legislation and proposals for future legislation are measured against the standards set out in international refugee and human rights law with a view to making law reform proposals for the protection of the right to seek refugee status within the EU.

The Netherlands : Fleeting Refuge

The Triumph of Efficiency Over Protection in Dutch Asylum Policy

Author: N.A

Publisher: Human Rights Watch


Category: Asylum, Right of

Page: 33

View: 8602


Essays in Honour of Göran Melander

Author: Jonas Grimheden,Rolf Ring

Publisher: Martinus Nijhoff Publishers

ISBN: 9004151818

Category: Political Science

Page: 394

View: 983

This volume illustrates the complex relationship between dissemination of human rights standards and their application in human rights law, and thus serves as a tribute to Melander's belief in and commitment to the dynamics of education in human rights law.

Stuck in a Revolving Door

Iraqis and Other Asylum Seekers and Migrants at the Greece/Turkey Entrance to the European Union

Author: N.A

Publisher: Human Rights Watch

ISBN: 1564324117

Category: Asylum, Right of

Page: 121

View: 3634

This report is about obstacles placed at the Greek entrance to the EU that prevent Iraqis and other asylum seekers and migrants from entering the European Union or that summarily expel them when they do. It includes testimonies from Iraqis and other asylum seekers and migrants on both sides of the Greek-Turkish border about pushbacks and summary expulsions from Greece, inhuman and degrading conditions of detention in Greece, Greek police and coast guard brutality and harassment, and the blocking of access to asylum in Greece as well as the denial of asylum and other forms of protection to those needing it. This report is also about abusive treatment of migrants by Turkish border authorities in the border region with Greece, including inhuman and degrading conditions of detention in direct violation of Turkey's obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

Asylum - A Right Denied

A Critical Analysis of European Asylum Policy

Author: Dr Helen O'Nions

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472403681

Category: Political Science

Page: 272

View: 1210

In recent decades, asylum has emerged as a highly politicized European issue. The term ‘asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

The Future of Asylum in the European Union

Problems, proposals and human rights

Author: Flora A.N.J. Goudappel,Helena S. Raulus

Publisher: Springer Science & Business Media

ISBN: 9789067048026

Category: Law

Page: 216

View: 5740

This book is based on a conference on the future of the European asylum policy at Erasmus School of Law in Rotterdam, the Netherlands. After a challenge set by the Dutch State Secretary for Justice, Ms Nebahat Albayrak, the contributions to this book focus on human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future in order to reach results. The authors are scholars, policy makers and representatives of NGOs. In this way, many different aspects of the problems are put forward. In the introduction and the conclusion the editors evaluate the results of this broad cooperation. Valuable for academics, practitioners, policymakers and NGO’s involved with European asylum policy issues.

Legal Aid

Asylum Appeals, Fifth Report of Session 2004-05, Vol. 2: Oral and Written Evidence

Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215023131

Category: Appellate procedure

Page: 62

View: 2392

Legal Aid : Asylum appeals, fifth report of session 2004-05, Vol. 2: Oral and written Evidence

The Reception of Asylum Seekers under International Law

Between Sovereignty and Equality

Author: Lieneke Slingenberg

Publisher: Bloomsbury Publishing

ISBN: 1782253246

Category: Law

Page: 398

View: 7892

Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards ? Directive 2003/9/EC and Directive 2013/33/EU ? in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.

Sinai Perils

Risks to Migrants, Refugees, and Asylum Seekers in Egypt and Israel

Author: Bill Van Esveld

Publisher: Human Rights Watch

ISBN: 1564323986

Category: Border patrols

Page: 91

View: 1720

Since 2006, over 13,000 refugees, asylum seekers, and other migrants have passed through Egypt and crossed the Sinai border into Israel. The majority arrived in Israel since 2007; at times, in early 2008, over 100 people per night reportedly crossed the border. Both Egypt and Israel have responded to this cross-border flow with policies that violate fundamental rights. These violations, particularly on the Egyptian side, have become more numerous and more acute over the past year. In August 2007, Egyptian border police shot and beat to death four people trying to cross from Egypt into Israel, according to Israeli soldiers who said they witnessed the killings. The Israeli soldiers, who believed the migrants were Sudanese, were close enough to hear the migrants "screeching in pain until they died," one soldier said. Egyptian border police have killed at least 33 migrants and wounded dozens more attempting to cross into Israel since the first known fatality, a pregnant Darfuri woman, died in June 2007.

Detention of Asylum Seekers in Europe

Analysis and Perspectives

Author: Jane Hughes,Fabrice Liebaut

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041105462

Category: Law

Page: 332

View: 887

This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.

Safe Third Countries

Extending the EU Asylum and Immigration Policies to Central and Eastern Europe

Author: Sandra Lavenex

Publisher: Central European University Press

ISBN: 9789639116443

Category: Political Science

Page: 189

View: 866

A charming book of Christmas Short Stories with colorful characters you will enjoy meeting:Sillie Millie learned from Polly the pill bug and Alex the armadillo how to outwit the Cat.Bunnie invents a new way to fool Bip, the pestering monkey, and her roaring friend Lion.Can Santa fix the hole in Frickey's heart?Where else but Oddville would you find a weird looking bellowing Santa with kids lined up for blocks?Enjoy these and look forward to Once Upon a Storytime at Christmas - 3!