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 that
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Jun18
The Negative Effects of Relying on Inconsistencies to Determine Credibility in Asylum Claims Involving an Initial Omission of Sexual Assault
United States, June 18, 2017
The discovery of inconsistencies is often fatal to an asylum claim because decision makers see inconsistences and assume the asylum seeker is not credible. Sexual assault victims are especially negatively affected by this practice, as their victimhood often leads them to omit a sexual assault early in the asylum process.
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Jun11
Nationality as an Element of the Refugee Definition and the Unsettled Issues of ‘Inchoate Nationality’ and ‘Effective Nationality’
June 11, 2017
The first 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.
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May5
A Child-Rights Framework for Understanding ‘Being Persecuted’: The Case of JA (child – risk of persecution) Nigeria
Nigeria, May 5, 2017
In recent years, we have seen the development of a sophisticated body of jurisprudence tackling the specific challenges faced by child refugees in seeking international protection. Although still nascent, this development is long overdue.
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Mar27
Denial at the Airport, Denial of Procedural Fairness: Examining the Korean Refugee Act
Korea, March 27, 2017
The Korean Refugee Act made it possible to apply for refugee status at ports of entry into Korea. However, at the same time, the act allows immigration officers at ports of entry to decline the referral of an application to the refugee status determination procedure. Anyone who is denied the referral is prohibited from leaving a small waiting room in the airport. In the case of 30385, a Sudanese asylum seeker challenged this state of affairs.
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Mar23
Nigerian Sex-Trafficking Victims and the Recognition of Refugee Status in the United Kingdom
Nigeria, March 23, 2017
An analysis of how a recent British asylum case signals a change in approach to evaluating asylum claims of trafficked women from Nigeria inside the United Kingdom, and what it means for the victims.
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Feb3
Executive (Dis)order and Refugees—The Trump Policy’s Blindness to International Law
United States, February 3, 2017
There is a gross mismatch between the risk asserted and the persons banned – of precisely the kind that is at odds with the “objective and reasonable” test that a policy must satisfy to avoid characterization under international law as illegal discrimination.
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Jan5
Let Sleeping Dogs Lie? Temporary Protection in European Union Asylum Law
European Union, January 5, 2017
A critical review of the doctrine of temporary protection in EU asylum law, in light of the current political and scholarly debate regarding the implementation, amendment or repeal of the Temporary Protection Directive.
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Dec5
Protecting Refugee Property and Dignity: A Brief Comment on the Legal and Ethical Basis of the Danish “Jewelry Law”
Denmark, December 5, 2016
In framing the Danish “Jewelry Law” as an example of a law that occupies the grey area between what is legal and what is ethical, this article seeks to understand what such a grey area means for our current system of international protection in Europe and beyond.
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