Jul10

Taking Subjectivity Out of the Serious Harm Determination

July 10, 2018

The Sixth Circuit should have carefully laid out a standard for serious harm instead of simply rejecting the violation of a human right as an insufficient basis for granting asylum.

Read More
Jun22

Contemplating a Forcible Return to Syria

June 22, 2018

The Illegality and Immorality of Returning Syrian Refugees Against Their Will.

Read More
Jun16

Refugee Status Determination by South Pacific Island Countries: Legal Overview, Recent Developments, and a Brief Critique

June 16, 2018

South Pacific island countries should carefully consider the legal and ethical issues relating to Australia’s practice of offshore asylum processing and the role they play in this practice.

Read More
Jun1

Anti-Gang/Guerrilla Opinions are Political Opinions

June 1, 2018

[W]hen adjudicators fail to recognize these opinions as political, they deny some deserving applicants protection the Convention guarantees.

Read More
May29

Refugee Law in Ecuador: An Interview with Liliya Paraketsova, 2017 PRAL Fellow

Ecuador, May 29, 2018

On March 22, 2018, RefLaw Associate Editor Sam Kulhanek interviewed Liliya Paraketsova, a 2017 Fellow of the Michigan Law Program in Refugee and Asylum Law (PRAL), about her experience working with the Asylum Access regional office for Latin America in Ecuador. What follows is an edited version of that interview. The views and opinions represented are solely Liliya's and do not necessarily reflect the views of Asylum Access.

Read More
May1

The Inclusion of a Subjective Component in “Well-Founded Fear” and the Insufficiency of Strict Textualism

May 1, 2018

The United States Supreme Court should revisit its language requiring the assessment of the applicant’s subjective emotional state when determining whether that applicant meets the “well-founded fear” test.

Read More
Mar31

Merging Sociology and Law: How Social Construction of Identity May Explain Differing Treatment of Women and Gay People as Social Groups in Refugee Law

March 31, 2018

The core differences in the social construction of gender and sexual orientation may explain the differing treatment of women and gay people in refugee law. Women are not seen as distinct individuals, while gay individuals' identities are not merged with a spouse or children.

Read More
Feb23

Mexico and U.S. Still Lock Up Central American Refugees, but Make Moves Towards Ending Detention

United States, Mexico, February 23, 2018

In July 2014, the U.S. joined a new UNHCR initiative called “Global Strategy - Beyond Detention 2014-2019” (“Global Strategy”). The Global Strategy launched in 12 target countries, with the following goals: provide alternatives to detention for asylum seekers, improve detention conditions where detention is necessary, and end child detention. For the U.S. and its fellow signatory Mexico, the Global Strategy began at the peak of a humanitarian crisis.

Read More
Dec9

Unsafe Third Country: Greek Court Returns Syrian Refugees to Turkey

Turkey, Greece, December 9, 2017

A recent decision by the highest Greek administrative court held that Syrians in Greece can be safely returned to Turkey in accordance with the safe third country doctrine. With evidence pointing to the contrary, this decision may open the doors to Greece and the EU violating European law and the Refugee Convention.

Read More
Nov13

Protection in Word But Not in Practice: How Resettlement Countries are Failing LGBTI Refugees

Canada, Chechnya, Uzbekistan, Russia, November 13, 2017

Since LGBTI refugees face particular challenges because of the widespread animosity towards individuals with this immutable characteristic, resettlement countries should follow Canada’s lead and welcome LGBTI refugees currently suffering around the world.

Read More
Page 1 of 7