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.
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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?
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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.
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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.
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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.
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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.
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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?
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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.
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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.
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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.
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