Aug15

Mental Disability and Subjective Fear in the United States

United States of America, August 15, 2016

A recent U.S. Board of Immigration Appeals decision, the Matter of J-R-R-A-, addresses the application of the U.S. subjective fear doctrine within the context of mentally disabled asylum applicants

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Jul25

Pacific Dissolution: The Supreme Court of Papua New Guinea Rejects Australia’s Refugee Deterrence Scheme

Papua New Guinea, July 25, 2016

Relying on its domestic law, the Supreme Court of Papua New Guinea has ruled that the indefinite detention of refugees at the Manus Island Regional Processing Centre is unconstitutional. This decision deals a major blow to Australia's refugee deterrence scheme, known as the "Pacific Solution."

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Jul11

Can Israel Freely Interpret the Refugee Convention (When it Comes to Palestinian Asylum Seekers)?

Israel, July 11, 2016

An Israeli immigration tribunal recently decided that (all) Palestinians who seek asylum in Israel are excluded from the 1951 UN Convention relating to the Status of Refugees under Article 1D thereof. In doing so, the Tribunal went against numerous decisions and academic writings to the contrary.

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Jun22

The Smuggled and the Smuggler: Exploring the Distinctions Between Mutual Aid, Humanitarian Refugee Assistance and People Smuggling in Canadian Law

Canada, June 22, 2016

In recent years, it appears that states have increasingly confronted the issue of people smuggling and begun addressing important questions that arise in the asylum context: what are the rights of asylum seekers who migrate by way of smuggling operations? What are the obligations of states to receive them and to consider their claims to refugee status? How do these rights and obligations intersect with international legal instruments aimed at combatting people smuggling?

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Jun20

Administrative Contempt: South Africa’s Refusal to Reopen the Port Elizabeth Refugee Reception Office

South Africa, June 20, 2016

In 2011, South Africa's Department of Home Affairs closed the refugee reception office in Port Elizabeth. Despite an order from the Supreme Court of Appeals in 2011, the government still refuses to reopen the office. This pullback of administrative process has had serious consequences for refugees in South Africa, and hinders the realization of their rights under international law.

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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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