Nov12

Towards a Less Arbitrary Unequal: Designating Last Habitual Residence in Stateless Asylum Claims in the U.S.

United States, November 12, 2018

The consistent reference approach to CFHR is a more balanced way to adjudicate stateless applicants. The consistent approach may also aid in keeping well-founded fear and protection inquiries separate.

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Oct19

Climate change and international refugee law: A predicament approach

October 19, 2018

Lauren Nishimura RefLaw, Editorial Advisory Panel Oxford University, Doctoral Candidate Climate change is a reality, producing both extreme weather events like cyclones and storms and slower processes like drought, salinization,...

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Sep28

The Government’s Role in Domestic Violence: A different take on nexus formation

September 28, 2018

The United State’s current asylum framework protects those who are persecuted because of their race, religion, nationality, political opinion, or membership in a particular social group. Should it extend to those who are denied state protection on those grounds?

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Sep21

The Plight of the Rohingya

Myanmar, September 21, 2018

The international community cannot assume that Myanmar will uphold its responsibility to this stateless ethnic group. In light of the Myanmar Government’s historical persecution and recent ethnic cleansing campaign of Rohingya people, the Rohingya are de facto refugees under the UNHCR mandate and require ongoing international protection.

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Sep14

“Regional Disembarkation Platforms” and “Controlled Centres”: Lifting The Drawbridge, Reaching out Across The Mediterranean, or Going Nowhere?

European Union, September 14, 2018

Assuming that the EU and the EUMS are committed to respecting international and EU law, and that they don’t plan to upend the institutional structure of the CEAS by establishing common processing centres offshore, no “game changers” are within easy reach. As shown, Regional Disembarkation Platforms (RDPs) are highly unlikely to add anything of substance to the EU’s already extensive “externalization toolbox.” Controlled Centres (CCs) in EUMS, for their part, are unlikely to ever take off absent predictable solidarity arrangements (as opposed to: fuzzy solidarity promises). This supposed exit from Europe’s solidarity conundrum leads, in fact, back around to it.

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Aug31

The Spanish-Moroccan border: Forgotten refugee zone

August 31, 2018

This article analyzes the practices of Spain and Morocco towards refugees near the Hispano-Moroccan borders and aims to better understand not only the illegality of “hot returns” and repression toward refugees, but also the ways in which the European Union (“EU”) accomplishes and perpetuates the externalization of its borders to North Africa.

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Aug24

The Issue of Our Generation: An Interview with Lara Finkbeiner, Deputy Legal Director, International Refugee Assistance Project

August 24, 2018

On July 10, 2018 RefLaw Managing Editor Kara Naseef interviewed International Refugee Assistance Project (IRAP) Deputy Legal Director, Lara Finkbeiner about recent developments in international refugee law. What follows is an edited version of that interview.

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Aug17

Support for Refugees with Disabilities and Other Specific Health Care Needs

August 17, 2018

Chapters 2 and 3 of the 1951 Refugee Convention enumerate the rights granted to recognized refugees. Many of those rights—public education, association, gainful employment, etc., cannot be realized if Member States do not provide accommodations for disabilities.

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Jul24

A Review of the Attorney General’s Review(s)

U.S., July 24, 2018

Sessions’ Matter of A-B- decision, together with previous decisions, ignores the plight of refugees fleeing gang and domestic violence in Southern and Central America and violates international obligations.

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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.

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