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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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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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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Oct7

A Really, Really Bad Month for Refugees

October 7, 2016

In twin summits in New York this past September, governments had the chance to agree to a new era of refugee protection. That did not happen.

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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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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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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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