Exclusion Clauses of the Refugee Convention in Relation to National Immigration Legislations, European Policy, and Human Rights Instruments PDF Download
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Author: Zarif Bahtiyar
Publisher: Wolf Legal Publishers
ISBN: 9789462402850
Category : Convention Relating to the Status of Refugees
Languages : en
Pages : 0
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Book Description
Article 1F of the Refugee Convention excludes persons with respect to whom there are serious reasons for considering that they have committed a crime against peace, a war crime or a crime against humanity, a serious non-political crime outside the country of refuge prior to their admission to that country as a refugee, or acts contrary to the purposes and principles of the United Nations. A 1F applicant loses any protection which would have been available under the Convention and, consequently, becomes ineligible for a residence permit under asylum. Though the exclusion of an asylum seeker basically leads to expulsion, this may be impossible to execute due to legal obstacles, such as the non-refoulement principle. According to this principle, no one should be returned to a country where he fears for his life or freedom. This book is the result of a study into Article 1F, including an in-depth focus on the post-exclusion phase from a national and European perspective. In this study, the author seeks solutions regarding the dilemmas surrounding the position of non-removable excluded asylum seekers. With its description of the applicable law as it stands, its theoretical framework and comparative elements, this research will be of value to legal practice. It will contribute to the continual debate regarding the possibilities and limits of developing a Common European Asylum System. [Subject: Human Rights Law, European Law]
Author: Zarif Bahtiyar
Publisher: Wolf Legal Publishers
ISBN: 9789462402850
Category : Convention Relating to the Status of Refugees
Languages : en
Pages : 0
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Book Description
Article 1F of the Refugee Convention excludes persons with respect to whom there are serious reasons for considering that they have committed a crime against peace, a war crime or a crime against humanity, a serious non-political crime outside the country of refuge prior to their admission to that country as a refugee, or acts contrary to the purposes and principles of the United Nations. A 1F applicant loses any protection which would have been available under the Convention and, consequently, becomes ineligible for a residence permit under asylum. Though the exclusion of an asylum seeker basically leads to expulsion, this may be impossible to execute due to legal obstacles, such as the non-refoulement principle. According to this principle, no one should be returned to a country where he fears for his life or freedom. This book is the result of a study into Article 1F, including an in-depth focus on the post-exclusion phase from a national and European perspective. In this study, the author seeks solutions regarding the dilemmas surrounding the position of non-removable excluded asylum seekers. With its description of the applicable law as it stands, its theoretical framework and comparative elements, this research will be of value to legal practice. It will contribute to the continual debate regarding the possibilities and limits of developing a Common European Asylum System. [Subject: Human Rights Law, European Law]
Author: Francesco Cherubini
Publisher: Routledge
ISBN: 1317804449
Category : Law
Languages : en
Pages : 370
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Book Description
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
Author: Sylvie Da Lomba
Publisher: Intersentia nv
ISBN: 9050953492
Category : Asylum, Right of
Languages : en
Pages : 338
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Book Description
This book measures EC/EU asylum initiatives against international refugee and human rights standards and makes law reform proposals to ensure compliance with international standards. It identifies four areas of concern: the interpretation of the 1951 Convention definition of a refugee; access to asylum procedures; the establishment of fair and effective procedures; and the asylum seekers' status pending the determination of their asylum claims. The author argues that any departure from international standards by the EU and its Member States risks undermining the right to seek refugee status and protection as a humanitarian concept. The author also considers Member states' laws and practices, with special emphasis on the United Kingdom and France. This inclusion reflects the mutual influence that national and European measures exercise on one another and reveals existing discrepancies and tensions between national laws and practices. The author urges the European Union to remain true to its commitment to the Treaty of Amsterdam and its humanitarian tradition and vision.
Author: James C. Simeon
Publisher: Routledge
ISBN: 1000539369
Category : Law
Languages : en
Pages : 481
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Book Description
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Author: Ph. J. Muus
Publisher:
ISBN:
Category : Social Science
Languages : en
Pages : 248
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Book Description
Migrants - Guy S. Goodwin-Gil
Author:
Publisher: BRILL
ISBN: 9004469699
Category : Law
Languages : en
Pages : 386
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Book Description
The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2019 to 31 December 2019.
Author: Vincent Chetail
Publisher: BRILL
ISBN: 9004308660
Category : Law
Languages : en
Pages : 549
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Book Description
This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.
Author: Hélène Lambert Jane Mcadam and Maryellen Fullerton
Publisher: Cambridge University Press
ISBN: 1107425484
Category :
Languages : en
Pages : 413
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Book Description
Author: Marie-Benedicte Dembour
Publisher: Routledge
ISBN: 1136700080
Category : Business & Economics
Languages : en
Pages : 265
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Book Description
Human rights seemingly offer universal protection. However, irregular migrants have, at best, only problematic access to human rights. Whether understood as an ethical injunction or legally codified norm, the promised protection of human rights seems to break down when it comes to the lived experience of irregular migrants. This book therefore asks three key questions of great practical and theoretical importance. First, what do we mean when we speak of human rights? Second, is the problematic access of irregular migrants to human rights protection an issue of implementation, or is it due to the inherent characteristics of the concept of human rights? Third, should we look beyond human rights for an effective source of protection? Written is an accessible style, with a range of socio-legal and doctrinal approaches, the chapters focus on the situation of the irregular migrant in Europe and the United States. Throughout the book, nuanced theoretical debates are put in the context of concrete case studies. The critical reflections it offers on the limitations and possibilities of human rights protections for irregular migrants will be invaluable for students, scholars and practitioners.
Author: Gunnel Stenberg
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 320
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Book Description
General criticism. 11. Recent development.
