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: 909

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.
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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: 377

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.
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Towards a Refugee Oriented Right of Asylum

Author: Laura Westra,Satvinder Juss

Publisher: Routledge

ISBN: 1317009215

Category: Political Science

Page: 374

View: 8397

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.
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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: 6577

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.
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The Asylum

The Renegades Who Hijacked the World's Oil Market

Author: Leah McGrath Goodman

Publisher: Harper Collins

ISBN: 9780062042323

Category: Business & Economics

Page: 432

View: 2319

The Asylum is a stunning exposé by a seasoned Wall Street journalist that once and for all reveals the truth behind America’s oil addiction in all its unscripted and dysfunctional glory. In the tradition of Too Big to Fail and Liar’s Poker, author Leah McGrath Goodman tells the amazing-but-true story of a band of struggling, hardscrabble traders who, after enduring decades of scorn from New York’s stuffy financial establishment, overcame more than a century of failure, infighting, and brinksmanship to build the world’s reigning oil empire—entirely by accident.
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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: 465

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.
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The treatment of asylum seekers

tenth report of session 2006-07, Vol. 2: Oral and written evidence

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

ISBN: 9780104010457

Category: Law

Page: 502

View: 8292

treatment of asylum Seekers : Tenth report of session 2006-07, Vol. 2: Oral and written Evidence
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The dispersal and social exclusion of asylum seekers

Between liminality and belonging

Author: Hynes, Patricia

Publisher: Policy Press

ISBN: 1847423272

Category: Social Science

Page: 240

View: 7156

This book establishes asylum seekers as a socially excluded group, investigating the policy of dispersing asylum seekers across the UK and providing an overview of historic and contemporary dispersal systems. It is the first book to seek to understand how asylum seekers experience the dispersal system and the impact this has on their lives. The author argues that deterrent asylum policies increase the sense of liminality experienced by individuals, challenges assumptions that asylum seekers should be socially excluded until receipt of refugee status and illustrates how they create their own sense of 'belonging' in the absence of official recognition. Academics, students, policy-makers and practitioners would all benefit from reading this book.
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The Sexual Politics of Asylum

Author: Calogero Giametta

Publisher: Routledge

ISBN: 1317200586

Category: Social Science

Page: 186

View: 2128

Today within neoliberal democracies, gender and sexuality provisions give people the opportunity of being granted social and legal protection. But how does the asylum system intervene within claimants’ understandings of themselves and in what ways does this affect their livelihoods in the country of arrival? The Sexual Politics of Asylum emerges from a 2 year long ethnography, which explores the experiences of 60 gender and sexual minority refugees in the UK. Bringing previously unheard stories to the forefront, this enlightening volume challenges dominant notions about the construction of sexuality and gender as an instrument for claiming rights in a world shaped by postcolonial relations. Giametta first examines why the migratory experience of the studied migrants is located within a set of humanitarian-inflected discourses that privilege suffering and trauma. This is then followed by an assessment of the respondents’ biographical accounts, which consequently uncovers how being situated in liminal socio-political and legal interstices produces precarious forms of life. Whilst the topic of asylum for gender and sexual minorities has attracted wide media coverage over the past decade, there persists a lack of academic attention to the complex experiences of these refugees. As such, this timely book will be of interest to undergraduate and postgraduate students interested in human rights, sociology, anthropology, migration, sexuality, gender and cultural studies, as well as people working within the refugee granting process.
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Seeking Asylum in the European Union

Selected Protection Issues Raised by the Second Phase of the Common European Asylum System

Author: Céline Bauloz,Meltem Ineli-Ciger,Sarah Singer,Vladislava Stoyanova

Publisher: BRILL

ISBN: 9004290168

Category: Political Science

Page: 312

View: 3603

Seeking Asylum in the European Union provides critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System: the comprehensive recast of European asylum legislation completed in 2013. With a foreword by Professor Hélène Lambert.
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Handbook for Interpreters in Asylum Procedures

Author: UNHCR

Publisher: Frank & Timme GmbH

ISBN: 3732904423

Category:

Page: 200

View: 8197

Interpreters play a crucial, yet often underestimated role in asylum interviews. They mediate between the asylum-seeker and the interviewer, who would not be able to communicate without the help of the interpreter. As it is often not possible for applicants to provide written evidence to substantiate their claims, their oral accounts of what has happened to them are usually the sole basis for an official’s decision and ultimately a pivotal point in the applicant’s life. Given the significant consequences of such decisions during the asylum procedure, interpreters carry a great deal of responsibility both in terms of their professional behaviour and with regard to the quality of interpretation. This handbook responds to the need for qualified interpreters in asylum procedures by offering a theoretical insight into a variety of topics relevant to interpreters in the asylum context, as well as activities and exercises enabling experiential and interactive learning. It is aimed both at interpreters in asylum procedures who have no formal training and trained interpreters who wish to specialise in the field. In addition, the handbook is intended for facilitators and trainers to use in face-to-face training courses. The handbook is also relevant to asylum authorities and interviewers, providing them with insights into and guidance in working with interpreters.
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The Asylum

Author: John Harwood

Publisher: Houghton Mifflin Harcourt

ISBN: 0544003470

Category: Fiction

Page: 257

View: 8013

After waking up in a small asylum in England with no memory of the past several weeks, Georgia Ferrars learns that her family believes she is an imposter in this gothic thriller from the author of The Ghost Writer.
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The Right to Seek Refugee Status in the European Union

Author: Sylvie Da Lomba

Publisher: Intersentia nv

ISBN: 9050953492

Category: Law

Page: 325

View: 2563

In recent years the laws and policies on asylum of the EU and its Member States have converged towards greater restriction and raise concern as to the commitment of the EU to protect the right to seek refugee status within its territory and uphold this fundamental right beyond its borders. 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. The author contends that the development of other forms of international protection does not erode the relevance of the Convention, which remains a cornerstone of refugee protection. 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. Substantive and procedural issues are examined to this end. Refugee protection presents considerable challenges for the EU, its Member States and the international community at large. It is critical that adherence to international standards remains central to the shaping of the EU asylum policy if the EU is to face up to its responsibilities and obligations.
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Accessing Asylum in Europe

Extraterritorial Border Controls and Refugee Rights Under EU Law

Author: Violeta Moreno-Lax

Publisher: Oxford University Press, USA

ISBN: 9780198701002

Category: Law

Page: 568

View: 2142

Europe is currently experiencing a so-called "refugee crisis," demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law. "Remote control" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country including one's own, the right to asylum, and the right to remedies and effective judicial protection. The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers and, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of refugees and forced migrants.
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Let Me Be a Refugee

Administrative Justice and the Politics of Asylum in the United States, Canada, and Australia

Author: Rebecca Hamlin

Publisher: Oxford University Press

ISBN: 0199373329

Category: Political Science

Page: 240

View: 729

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.
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Regional Approaches to the Protection of Asylum Seekers

An International Legal Perspective

Author: Ademola Abass

Publisher: Routledge

ISBN: 1317069153

Category: Political Science

Page: 408

View: 4279

This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
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Inside the Asylum

Why the UN and Old Europe are Worse Than You Think

Author: Jed L. Babbin

Publisher: Regnery Publishing

ISBN: 9780895260888

Category: Political Science

Page: 196

View: 8700

A former Undersecretary of Defense for the first Bush administration strongly advises the United States to withdraw support from the United Nations, arguing that it, with the European Union countries, undermines American interests.
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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: 2829

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.
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