The New Asylum Seekers: Refugee Law in the 1980’s. Edited by David A. Martin. International Studies in Human Rights. Dordrecht: Martinus Nijhoff, 1988. (U.S.$75.00).

1990 ◽  
Vol 27 ◽  
pp. 490-495
Author(s):  
M.D. Copithorne
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
International Studies ◽  
Refugee Law

scholarly journals Migrants in the Attic: The Case of Migrants with Disabilities and Resettlement Services in Serbia

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 10
Author(s):  
Joel John Badali
Keyword(s):  
Human Rights ◽  
International Cooperation ◽  
Asylum Seekers ◽  
Service Providers ◽  
The State ◽  
Refugee Law ◽  
Settlement Services ◽  
Balkan Region

The global migrant crisis triggered an unprecedented number of asylum seekers in the Balkan region. In this case study, the state of migrants with disabilities—a community notoriously overlooked during global conflict—is explored through field interviews of settlement service providers in Serbia. A human rights framework is espoused in first examining contemporary refugee law discourse and the corresponding gaps in current resettlement practice of migrants with disabilities. The study’s findings illuminate the need for a drastic shift in settlement services for those migrants most vulnerable to persecution in de facto destination countries. The discussion takes aim at “humanitarian silo” funding models and argues for international cooperation and transparency in accommodating migrants with disabilities internationally.

scholarly journals The Transfer of Asylum Seekers in Australia to Third Countries: A Case Study of Sovereignty versus International Law

2013 ◽  
pp. 187-196
Author(s):  
Hugh S. Tuckfield
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
Refugee Law ◽  
Human Rights Treaties ◽  
International Obligations ◽  
The Cost ◽  
International Conventions

Asylum is an issue equally central to refugee law and human rights. Generally, they are protected under the 1951 Refugee Convention, but asylum cases are largely state regulated affair, subject to state legislations, policies and guidelines, which certainly do not preclude the applicability of international obligations directing the conduct of state towards the asylum seekers, which emanate from the recognized international human rights principles such as right to seek asylum and right against refoulement and right not to be arbitrarily detained. Contracting parties to international conventions such as the 1951 Refugee Convention, ICCPR, ISESCR, CAT, CRC, CEDAW and CERD among others acquire the responsibility to respect, protect and fulfill the obligations adducible in treatment of asylum seekers. In this regard, Australia was one of the earliest state parties to the 1951 Refugee Convention and is also a party to the relevant human rights treaties. However, it is determined to adhere to its conventional understanding of sovereignty and nationalism, at the cost of comprising the minimum protection of the rights of those who seek asylum in it.

Community Interests in International Migration and Refugee Law

2018 ◽  
Author(s):  
Tally Kritzman-Amir
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Refugee Law ◽  
The Status ◽  
Protection Of Human Rights ◽  
The Common ◽  
International Refugee Law ◽  
Broad Interpretation ◽  
Main Components ◽  
Definition Of

This chapter takes a closer look at some of the main components of international refugee law and some of the recent European practices in order to see how they resonate the notion of community obligation and convey a commitment to the common protection of human rights, in a way that deviates from a purely consent-based conception of the norms. It addresses four main points: (1) a broad interpretation of the definition of refugee in the convention relating to the status of refugees as an expression of a notion of community obligation; (2) non-refoulement as an expression of a notion of community obligation; (3) the duty to refrain from rejecting asylum-seekers at the border as an expression of a notion of community obligation; and (4) responsibility sharing as an expression of a community obligation.

SHADOW PLAYS, SHIFTING SANDS AND INTERNATIONAL REFUGEE LAW: CONVERGENCES IN THE ASIA-PACIFIC

2014 ◽  
Vol 63 (2) ◽  
pp. 247-280
Author(s):  
Mary Crock
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Western Europe ◽  
Forced Migration ◽  
Asia Pacific ◽  
Refugee Law ◽  
State Behaviour ◽  
International Refugee Law ◽  
Laws And Policies ◽  
Material Advantage

AbstractWhile many Australians continue to see their roots in Western Europe, in matters concerning human rights and immigration control, Australia's culture and attitudes over time have become more closely aligned with those of States in its immediate geographical region. The trend finds obvious expression in the convergence of laws and policies governing the treatment of asylum seekers. This article uses as a case study various efforts made to establish regional frameworks for the management of irregular (forced) migration. The author argues that Australia's reversion to deflection and offshore processing as deterrent measures resonates with the discourse in two States that have been closely associated with the new ‘arrangements’: Malaysia and Indonesia. Australia's policies make express reference to laws and State behaviour in the region through what has been labelled the ‘no advantage’ principle governing Australia's treatment of asylum seekers presenting as unauthorized maritime arrivals (UMAs). The central idea is that these asylum seekers should gain no material advantage by reaching Australia in comparison with the situation they would face if their claims were processed in States of first refuge. If the comparators are the refugee-receiving States around Australia, the policy has to play out in the degradation of terms and conditions faced by UMAs in Australia. In the area of human rights and refugee policy, the author argues that Australia should be doing more to distinguish itself as a leader rather than follow the (generally poor) practices of its neighbours.

scholarly journals Unfolding Africa's Impact on the Development of International Refugee Law

2021 ◽  
pp. 1-25
Author(s):  
Sara Palacios-Arapiles
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Legal Framework ◽  
Refugee Convention ◽  
Refugee Law ◽  
International Refugee Law ◽  
Refugees And Asylum Seekers

Abstract This article traces the contributions of African states to the development of international refugee law and explores the role African human rights supervisory bodies have played in the interpretation and application of this field of law. While Africa's contributions to international refugee law are often overlooked, this article sets out to identify Africa's involvement in the drafting process of the UN Refugee Convention and its 1967 Protocol. It also explores the legal framework for refugees in Africa, in particular the OAU Refugee Convention and the Bangkok Principles on Status and Treatment of Refugees, and the extent to which these two instruments have enriched international refugee law. The article argues that some of their provisions may provide evidence of customary rules of international law. Lastly, it examines some of the authoritative pronouncements made by African human rights supervisory bodies, in so far as they adopt a progressive approach to interpreting the rights of refugees and asylum-seekers.

scholarly journals Un-signing Geneva: legal pragmatics in the management of asylum

2018 ◽  
Vol 15 (1) ◽  
pp. 20-32 ◽  
Author(s):  
Marc de Leeuw ◽  
Sonja van Wichelen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
The State ◽  
Late Modernity ◽  
Refugee Law ◽  
Domestic Legislation ◽  
International Refugee Law

AbstractIn the last decade, several states have increasingly tried to ‘un-sign’ to their humanitarian obligations by seeking ways to circumvent European or international law. Through an analysis of a recently passed act in Australia on the management of asylum seekers, this paper examines how the practice of ‘un-signing’ can be seen as a symptomatic instance of reconfiguring asylum in late modernity. We focus on the proliferation of ‘legal pragmatics’ in the management of refugees. By ‘legal pragmatics’, we refer to theprocessualways in which the state attempts to hollow out international refugee law and in which courts respond by reinstating it. Normative consequences are thecriminalisationand thejuridificationof refugees. We argue that the proliferation of ‘legal pragmatics’ illuminates not only the ever-expanding reach of neoliberal changes in domestic legislation, but also the limitations of human rights to adequately respond to the neoliberal vicissitudes of humanitarian government.

On the Legality Under International Law of the Criminalization or Suppression of the Expression of Solidarity to Refugees

2020 ◽  
Vol 114 ◽  
pp. 102-113
Author(s):  
Obiora Chinedu Okafor
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Legal Protection ◽  
Refugee Law ◽  
International Refugee Law

As Professor Jastram has noted, in and of itself, international refugee law is not explicit enough on the issue at hand. It is not clear enough in protecting persons who come in aid of, or show solidarity to, refugees or asylum-seekers. That does not mean, however, that no protections exist for them at all in other, if you like, sub-bodies of international law. This presentation focuses on the nature and character of those already existing international legal protections, as well as on any protection gaps that remain and recommendations on how they can be closed. It should be noted though that although the bulk of the presentation focuses on the relevant international legal protection arguments, this presentation begins with a short examination of the nature of the acts of criminalization and suppression at issue.

Impact of Covid-19 on the mental health needs of asylum seekers in Australia

2021 ◽  
pp. 103985622110054
Author(s):  
Sarah Mares ◽  
Kym Jenkins ◽  
Susan Lutton ◽  
Louise Newman AM
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Social Isolation ◽  
Asylum Seekers ◽  
Health Needs ◽  
Human Rights Violations ◽  
Mental Health Needs

Objective: This paper highlights the significant mental health vulnerabilities of people who have sought asylum in Australia and their additional adversities as a result of the Covid-19 pandemic. Conclusions: Australia’s policies in relation to asylum seekers result in multiple human rights violations and add significantly to mental health vulnerabilities. Despite a majority being identified as refugees, people spend years in personal and administrative limbo and are denied resettlement in Australia. Social isolation and other restrictions associated with Covid-19 and recent reductions in welfare and housing support compound their difficulties. The clinical challenges in working with people impacted by these circumstances and the role of psychiatrists and the RANZCP in advocacy are identified.

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