Nov5

A Promise as a Right

November 5, 2019

Is a refugee entitled to the same disability benefits generally as Korean nationals based on the Refugee Convention Article 24 and the Refugee Act of Korea Articles 30 and 31, without requiring further individual legislation? This was the question the Busan District and High Courts of South Korea faced in Baloch Meer Balach Muhammad Zai v. Busan-Gwangyeogsi Sasang-gucheongjang (“Meer”). In this case, the courts grappled with whether refugees were entitled to disability benefits and how to define that right, making the first major decision on refugee rights in Korea.

Read More
Sep13

Acquiescing in Refoulement: This week’s U.S. Supreme Court’s decision

September 13, 2019

Professor James C. Hathaway addresses the U.S. Supreme Court's recent decision in Attorney General v. East Bay Sanctuary, the case pertaining to the Trump Administration's attempt to unilaterally issue a "safe third country" rule for asylum seekers.

Read More
Aug28

Compulsory Secondary Movement and Article 32 of the Refugee Convention

August 28, 2019

“Safe third countries” policies (better termed compulsory secondary movement policies) have been gaining popularity since the 1990s. Are they in compliance with Article 32 to the Convention relating to the Status of Refugees (“the Convention”), which sets limits on contracting states’ power to deport refugees to non-persecutory countries?

Read More
Jul12

Reforming The Common European Asylum System: Business As Usual?

July 12, 2019

Twenty years ago, the European Council’s session in Tampere set out a roadmap for Europe to establish a Common European Asylum System. In recent years, asylum policy has become a contentious aspect of European Union politics. This article by Dr. Salvatore Nicolosi analyzes these developments in the context of the longer-term goal of creating a uniform recognition of asylum status in the European Union.

Read More
Jun14

The Central American Minors Program, the Administrative Procedure Act, and the International Refugee Convention

June 14, 2019

Domestic advocates have used Administrative Law to frame arguments about the International Refugee Convention. While this has resulted in a victory for those affected by the cancelation of the Central American Minors Program, administrative law cannot provide the same durable and stabilizing humanitarian system that the Convention does.

Read More
Jun6

Resolving Negusie: The Attorney General Should Recognize a Broad Duress Defense to Article 1(F)(a) and Grant Asylum

June 6, 2019

There is growing international consensus that Article 1(F)(a) of the Refugee Convention contains a duress defense. 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. The Attorney General should affirm the existence of a duress defense in Article 1(F)(a), incorporate the Rome Statute as the test for this defense, and resolve unsettled interpretative questions about the Statute’s elements in favor of the refugee applicant.

Read More
Jun2

Nationality as an Element of the Refugee Definition and the Unsettled Issues of ‘Inchoate Nationality’ and ‘Effective Nationality’

June 2, 2019

This is the second of a two-part article dealing with the issues of ‘inchoate nationality’ and ‘effective nationality’ in the context of determination of nationality as an element of the refugee definition.

Read More
Apr26

Love the Refugee, Hate the Group: The Troublesome Precedent of Halim

April 26, 2019

Courts around the world accept evidence of persecution of persons similarly situated to the individual applicant to help establish his or her risk of persecution. Several U.S. courts, however, diverge from this practice. Should all claims, whether based on individual experiences or on those of persons similarly situated, be evaluated under the "reasonable possibility" standard?

Read More
Feb22

U.S. Practices Under International Standards: An Interview with Hardy Vieux, Vice President (Legal), Human Rights First

February 22, 2019

On June 29, 2018, RefLaw Writer B.A. Bacigal interviewed Hardy Vieux, vice president (Legal) at Human Rights First (HRF) about his perspective on current issues in refugee and asylum law. What follows is an edited version of that interview. The views and opinions represented are solely Hardy’s and do not necessarily reflect the views of Human Rights First.

Read More
Jan26

Building Myanmar’s International Responsibility before the ICJ by Recourse to Diplomatic Protection

January 26, 2019

Once host states are aware of, and willing to act on, the deficiencies in their current stance surrounding the persecuting state’s responsibility, it could bring an adversarial suit before an international court, specifically the ICJ. The answer to lacking state responsibility may lie in utilizing diplomatic protection’s pragmatic approach.

Read More
Page 1 of 9