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.

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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.

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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.

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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.

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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.

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Oct31

Israeli Supreme Court Rules: Taxation and Employment Restrictions on Employers of “foreign workers” Apply to Employers of Asylum Seekers Too

October 31, 2017

The Israeli Supreme Court recently handed down two decisions that would further restrict the employment opportunities of asylum seekers in Israel. In one, the court considered a "foreign worker tax" levied on employers of asylum seekers. The court is the first judiciary in the world to consider the legitimacy of "foreign worker taxes" levied on employers of asylum seekers under the Refugee Convention.

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Oct5

One Year Later: Child Immigration Detention Continues Despite Promising Commitments by State Leaders

October 5, 2017

Within the past decade, non-governmental organizations and human rights advocates have increased advocacy efforts to end child immigration detention worldwide. They brought the issue of child immigration detention to sympathetic governments whose initial positive reactions have been followed by lackluster actions. This note explores the worldwide child detention regime and credits state actors for their newfound commitment to addressing child immigration detention. However, actual progress remains overshadowed by States’ continual practice of child immigration detention; the practice continues despite being inconsistent with international law.

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Sep22

Protection Elsewhere – The New Norm of the Common European Asylum System?

EU, Turkey, Greece, Syria, September 22, 2017

Now, over a year after the EU-Turkey deal was signed, the agreement is being employed as a blueprint for the next phase of the Common European Asylum System and is leading to an erosion of respect for international human rights laws and norms.

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Aug6

Understanding “Suffering,” Yet Misconstruing Intentionality: U.S. Compliance and Non-Compliance with the Convention against Torture

United States, August 6, 2017

With respect to the intentionality requirement in the Convention Against Torture, the U.S interpretation of “severe pain or suffering” differs with that of international bodies charged with implementation and norm-setting, putting the U.S. at odds with its international treaty obligations.

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Aug1

The International Non-Refoulement Obligation and a Refugee’s Non-Compliance Under the Australian Migration Act of 1958

Australia, August 1, 2017

The Australian Administrative Appeals Tribunal upholds the principle of non-refoulement and refuses to cancel a visa of a refugee who provided false information on visa application.

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