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
Jan18

Will the Family Unit Remain the “Quintessential” Particular Social Group in the United States?

United States, January 18, 2019

On December 3, 2018, acting U.S. Attorney General Matthew Whitaker certified a Board of Immigration Appeals decision to himself to address the validity of asylum claims based on membership in a family unit. Despite precedent recognizingthe family unit as a valid particular social group, advocates are rightly concerned that the Attorney General may be attempting to undermine this area of U.S. asylum law.

Read More
Dec21

Circular Security: Cameroon’s Return of Nigerian Refugees is Bad Law and Bad Policy

December 21, 2018

Cameroon has taken to expelling refugees seeking relief from violence at the hands of Boko Haram on the pretense of national security, fearing that Boko Haram has infiltrated its borders. Cameroon’s mass expulsions without more process for individuals violates the country’s obligations under the Convention and Protocol Relating to the Status of Refugees. Furthermore, there is little evidence that this policy effectively enhances national or regional security.

Read More
Nov24

Asylum Meters & Bans: Trump’s New Border Regime Violates the United States’ Duties under International Refugee Law

November 24, 2018

The Trump administration is metering the number of individuals who are allowed to enter the United States and apply for asylum at points of entry, and prohibiting anyone who enters unlawfully without inspection from receiving asylum. This new border regime violates the United States' obligations under the 1967 Protocol to not refoul refugees to unsafe countries and not punish refugees for unlawful entrance.

Read More
Page 1 of 9