Contains extensive collection of case law with primary focus on North America.
However, the U.S. Attorney General recently stayed the decision of the U.S. Board of Immigration Appeals to recognize this defense and requested amici to brief on whether such a defense exists.
Our aim is to ... a project of the University of Michigan Law School, The Free Movement of Persons within the African Union and Refugee Protection, No Fame Required: Where Matter of L-E-A- Went Wrong, Tacit Complicity of Non-Protection in the Maghreb, Clumsy Precedents and Arbitrary Discretion: Britain’s Country Guidance System and The Obligation of Non-Refoulment, Acquiescing in Refoulement: This week’s US Supreme Court’s decision, Compulsory Secondary Movement and Article 32 of the Refugee Convention, Resolving Negusie: The Attorney General Should Recognize a Broad Duress Defense to Article 1(F)(a) and Grant Asylum, Nationality as an Element of the Refugee Definition and the Unsettled Issues of ‘Inchoate Nationality’ and ‘Effective Nationality’, Love the Refugee, Hate the Group: The Troublesome Precedent of Halim, Building Myanmar's International Responsibility before the ICJ by Recourse to Diplomatic Protection, Climate change and international refugee law: A predicament approach. The European Database of Asylum Law (EDAL) is an accessible, open access, online database of case law from EU Member States relevant to the interpretation of European asylum law.
Asylum seekers in most of these cases are women, children, or LGBT refugees. Press | Victorian Reports; Victorian Law Reports 1875-1956, Western Australia State Administrative Tribunal, Western Australia Court of Appeal (including Full Court until end of 2004), World Bank Administrative Tribunal Reports, Workers Compensation Reports (Queensland), Workers Compensation Reports (Western Australia), World Intellectual Property Reports 1987-. Irregular border crossings and asylum in Canada.
Although a little dated, Interpretation of the Convention Refugee Definition in the Case Law, published by the Immigration and Refugee Board of Canada in 2005 is a comprehensive analysis of judicial consideration of the Convention refugee definition. USA.gov, Other Refugee Cases Involving Climate Change, 1951 Convention Relating to the Status of Refugees, Synthesis Report of the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, Refugee Appeal No 72185 [2000] NZRSAA (10 August 2000), Refugee Appeal No 72186 [2000] NZRSAA 336 (10 August 2000), Refugee Appeal Nos 72189â72195 [2000] NZRSAA 355 (17 August 2000), Refugee Appeal Nos 72179â72181 [2000] NZRSAA 385 (31 August 2000), Refugee Appeal No 72313 [2000] NZRSAA 491 (19 October 2000), Refugee Appeal No 72314 [2000] NZRSAA 492 (19 October 2000), Refugee Appeal No 72315 [2000] NZRSAA 493 (19 October 2000), Refugee Appeal No 72316 [2000] NZRSAA 464 (19 October 2000), 0907346 [2009] RRTA 1168 (10 December 2009) (Kiribati), 1004726 [2010] RRTA 845 (30 September 2010) (Tonga), Refugee Appeal No 70965/98, NZRSAA (27 August 1998) (Fiji), N00/34089 [2000] RRTA 1052 (17 November 2000), N95/09386 [1996] RRTA 3191 (7 November 1996), N96/10806 [1996] RRTA 3195 (7 November 1996), V94/02840 [1995] RRTA 2383 (23 October 1995), https://forms.justice.govt.nz/search/IPT/Documents/RefugeeProtection/pdf/ref_20130625_800413.pdf, http://www.nzlii.org/nz/cases/NZIPT/2013/800413.html, https://forms.justice.govt.nz/search/Documents/pdf/ jdo/56/alfresco/service/api/node/content/workspace/SpacesStore/6f4d600a-373f-4ff8-8ba1-500fb7cc94b0/6f4d600a-373f-4ff8-8ba1-500fb7cc94b0.pdf, http://www.nzlii.org/nz/cases/NZHC/2013/3125.html, https://forms.justice.govt.nz/search/Documents/pdf/jdo/ b8/alfresco/service/api/node/content/workspace/SpacesStore/70056dfa-a205-4baf-9d8d-e97 ed5244899/70056dfa-a205-4baf-9d8d-e97ed5244899.pdf, http://www.nzlii.org/nz/cases/NZCA/ 2014/173.html, http://www.radionz.co.nz/news/national/275955/supreme-court-to-hear-climate-refugee%27s-appeal, https://www.courtsofnz. www.interights.org/commonwealth-and-international-law-database/index.html.
Still Lock Up Central American Refugees, but Make Moves Towards Ending Detention, Unsafe Third Country: Greek Court Returns Syrian Refugees to Turkey, Protection in Word But Not in Practice: How Resettlement Countries are Failing LGBTI Refugees, Israeli Supreme Court rules: Taxation and employment restrictions on employers of "foreign workers" apply to employers of asylum seekers too, One Year Later: Child Immigration Detention Continues Despite Promising Commitments by State Leaders. An individual examination of the case will reveal whether the cessation of UNRWA protection resulted from objective reasons that the agency could not rectify.
It is funded by the European Commission’s European Refugee Fund.
Country guidance should not serve as an obstacle to claiming asylum, but rather as a way for similarly situated refugees to efficiently demonstrate prima facia cases for protection. Mr. Teitiota’s case has been the subject of reports published by multiple media organizations around the world. The following are a selection of articles published by various English-language news outlets in the past two years: The Teitiota case has also been discussed by academics and analysts in a range of other publications, for example: Prepared by Kelly Buchanan Held that non-refoulement is a matter of customary international law (although found that HKSAR had persistently objected against it). The themes include HIV, sexual minorities, gender and children.
Searchable in English.
Citator information can be accessed via FirstPoint. A User Guide to the Database is available in 9 EU languages at http://www.asylumlawdatabase.eu/en/content/about-edal-european-database-asylum-law. © European Council on Refugees and Exiles. “Safe third countries” policies (better termed compulsory secondary movement policies) have been gaining popularity since the 1990s. ���$;�${ �${�K�g�pXh��I�� ���J�+)%x!�=PX8Fip�D(ï�e $H��b$;�H��H�`�JH�'HW��EZ����% �KZ�R�ݭ��͞��xs�Ba3��H�l��d���"m�G��@�U����G{�� �~7��A��W\�p�8HF~�(��p�B�X�*� ��r#�-x�0u�9���`fC���k�/Pp486��HxD��#�a���yx���÷�}ɛ��lńrb0����!�1U`���>�hwہs��}��Ø�ݜ������������ݰi�����v�c:�뺋[~o��c3l⛋v;���Û���t���f�j%��]|���]]�DuiS?�D����е��jh��^��'�G����!j���}8�C��=�R*W�����?VD���nC햙�.���[�#R�ʄ�����@�M#P�ܤPh���]���}\5�͊������x�>��i�ot�����r���������H��I��vTЉ|��p��� =���#ڻ�vK��ڮg�a��n����O��� N��P���S���֓��e�fQ��ݯ�{h�#��4|�ts}�;�9�D���i:r�T��߸1LyYҶ��D{���m�߷��l����}\�� While cognizant of the opportunities presented by the Protocol, this article focuses on its risks to refugee protection, with a view to stimulating discussion in this regard prior to entry into force. At the time of writing, it had resources, including case law, from Australia, Belgium, Bosnia & Herzegovina, Canada, Denmark, East Timor, Japan, Moldova, Mongolia, New Zealand, Norway, Palestinian Autonomous Territories, Switzerland, United Kingdom, United States of America and Venezuela.
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Compliance and Non-Compliance with the Convention against Torture, The International Non-Refoulement Obligation and a Refugee’s Non-compliance under the Australian Migration Act of 1958, The Negative Effects of Relying on Inconsistencies to Determine Credibility in Asylum Claims Involving an Initial Omission of Sexual Assault, A Child-Rights Framework for Understanding ‘Being Persecuted’: The Case of JA (child – risk of persecution) Nigeria, Denial at the Airport, Denial of Procedural Fairness: Examining the Korean Refugee Act, Nigerian Sex-Trafficking Victims and the Recognition of Refugee Status in the United Kingdom, Executive (Dis)order and Refugees—The Trump Policy’s Blindness to International Law, Let Sleeping Dogs Lie? Establishing a Common European Asylum System by Leaving European Human Rights Standards Behind: Is this the Way Forward? In recent years, asylum policy has become a contentious aspect of European Union politics. 407/2018, 17 December 2018, CJEU - Case C‑713/17, Ayubi, 21 November 2018, K.G. Contains full reprint of English Reports, Canadian Supreme Court Reports, Early American case law and the United States Supreme Court Library. Refugee law is the branch of international law which deals with the rights and duties States have vis-a-vis refugees. [8]Â Â Therefore, the IPT found that the appellant was not a refugee within the meaning of the Refugee Convention. Like international human rights law, modern refugee law has its origins in the aftermath of World War II as well as the refugee crises of the interwar years that preceded it. BVerwG 10 C 48.07 / OVG 8 A 2632/06.A (The Federal Administrative Court, Germany), 14 October 2008 [Unofficial translation]. The ECHR has held against several Member States for violating the EU’s legal regime on refugees on issues of detention, status of reception facilities, and lack of legal remedies.
http://www.austlii.edu.au/catalog/3061.html. hތY�n����z���}�^,��8Qd�A.v�3-��h��)���wNqF�n��`iz�fU�S�n��"c ����P�t$z�6�3�Ҏ��H�OAV�wI�b�S�ŧ� ���0JA�s\A��Xh�r�����������f/��s� �y�&aY�7X�ɮ� ���}�;��A`O��aV$+%��X � ��0����t��;KL�� F{B �uEVJc�̯� Submissions for future commentary are currently being solicited.
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They are not matters against which, however, the Refugees Convention as it applies in Australia is able to provide protection.”[26], In a 2010 paper on climate change displacement, in addition to some of the cases referred to above, an Australian expert on refugee law cited the following Australian refugee or protection visa cases, decided by the Refugee Review Tribunal of Australia, that refer to the impacts of climate change in Tuvalu:[27], More recently, in 2014, the IPT similarly dismissed an appeal from a Tuvalu family that had sought refugee status in New Zealand on the basis of the effects of climate change in their home country. It has a searchable database of case law as well as legislation. [10] Teitiota v Chief Executive of the Ministry of Business, Innovation and Employment [2013] NZHC 3125 (26 November 2013), at [51], https://forms.justice.govt.nz/search/Documents/pdf/ jdo/56/alfresco/service/api/node/content/workspace/SpacesStore/6f4d600a-373f-4ff8-8ba1-500fb7cc94b0/6f4d600a-373f-4ff8-8ba1-500fb7cc94b0.pdf. The High Court decision is also available through NZLII, at http://www.nzlii.org/nz/cases/NZHC/2013/3125.html.
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