Oct5

One Year Later: Child Immigration Detention Continues Despite Promising Commitments by State Leaders

October 5, 2017

Within the past decade, non-governmental organizations and human rights advocates have increased advocacy efforts to end child immigration detention worldwide. They brought the issue of child immigration detention to sympathetic governments whose initial positive reactions have been followed by lackluster actions. This note explores the worldwide child detention regime and credits state actors for their newfound commitment to addressing child immigration detention. However, actual progress remains overshadowed by States’ continual practice of child immigration detention; the practice continues despite being inconsistent with international law.

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Sep22

Protection Elsewhere – The New Norm of the Common European Asylum System?

EU, Turkey, Greece, Syria, September 22, 2017

Now, over a year after the EU-Turkey deal was signed, the agreement is being employed as a blueprint for the next phase of the Common European Asylum System and is leading to an erosion of respect for international human rights laws and norms.

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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 who provided false information on visa application.

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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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