Apr1

Recasting Detention of Asylum Seekers in Bulgaria: The Good and Bad about EU Asylum Law

Bulgaria, April 1, 2016

For the first time, Bulgarian legislation dictates circumstances under which detention of asylum applicants is legal. While the new detailed national provisions are in the spirit of the EU's Reception Conditions Directive (recast), there are still many questions left unanswered, and the danger of abuse is of real concern.

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Mar15

Naturalization in Tanzania: Lessons from the Ebb and Flow of the Process

Tanzania, March 15, 2016

The granting of citizenship to Burundian refugees by the Government of Tanzania should be commended as a significant and unprecedented response to a protracted refugee situation. However, the process remains poorly understood, from the factors that resulted in the suspension of the program in 2010 to those that led to its final implementation in 2014.

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Mar14

Welcome to Denmark: How Will You Be Paying for Your Stay?

Denmark, March 14, 2016

In January of 2016, Danish lawmakers passed a law authorizing police to search refugees entering the country and confiscate any of their property in excess of 10,000 DKK (approximately $1456 USD). The Danish government asserts these seizures are necessary in order to help pay for refugee processing and housing. Despite suspect defenses of the measures, the new Danish law likely violates Denmark's obligations under the 1951 Refugee Convention.

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Mar1

A Global Solution to a Global Refugee Crisis

March 1, 2016

If implemented as intended, the UN Refugee Convention points the way to a truly global solution to the refugee crisis.

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Feb17

Lessons from the Response of German Courts to Hungary’s Asylum Procedures

Hungary, February 17, 2016

In a series of recent decisions, German courts have challenged the legality of Hungary's asylum procedures under EU and international law.

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Feb15

Hotspots and Relocation Schemes: The Right Therapy for the Common European Asylum System?

European Union , February 15, 2016

The Common European Asylum System ("CEAS") and the Schengen travel area are in considerable jeopardy. The spontaneous arrival of approximately one million persons in 2015, 90% from the top refugee-producing countries of the world, has cruelly exposed their paradoxes and set in motion centrifugal forces that appear to threaten their very existence. The remedy proposed by the EU institutions includes as its centrepieces the “hotspot approach” and intra-EU relocation schemes. Great store is being placed in their implementation.

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Jan5

Expulsion of refugees from Russia to Syria would violate international obligations

Russia, January 5, 2016

In a recent decision L.M. and Others v. Russia, the European Court of Human Rights (ECtHR) has unanimously held that the forced return of asylum seekers to Syria would give rise to a violation of the European Convention of Human Rights (ECHR) Article 2, right to life and Article 3, the prohibition of torture and of inhuman or degrading treatment.

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Dec9

Legal Protections for Displaced & Stateless Persons in the Caribbean Region

December 9, 2015

Refugees in the Caribbean face procedural and structural obstacles to recognition and protection.

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Nov20

The U.S. State Governors and the Syrian Refugees

United States, November 20, 2015

A number of U.S. state Governors recently announced their opposition to the continued resettlement of Syrian refugees within the United States. In this RefNote, Professor Richard Primus addresses the legality of U.S. state governments actions under the U.S. Constitution.

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Nov13

Khlaifia and Others v Italy: Italy again held in violation of collective expulsions by ECtHR

November 13, 2015

The European Court of Human Rights (ECtHR) held Italy in violation of Article 4 of Protocol 4 of the European Convention on Human Rights (ECHR) regarding the collective expulsion of aliens.

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