Oct5
One Year Later: Child Immigration Detention Continues
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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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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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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Jan5
Let Sleeping Dogs Lie? Temporary Protection in European Union Asylum Law
European Union, January 5, 2017
A critical review of the doctrine of temporary protection in EU asylum law, in light of the current political and scholarly debate regarding the implementation, amendment or repeal of the Temporary Protection Directive.
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Dec5
Norway Builds Fence Along Border with Russia to Deter Refugees and Migrants
Norway, December 5, 2016
Norway's recent construction of a fence along its border with Russia likely violates the prohibition against refoulement.
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Nov7
The Enemy of My Enemy: European Readmission Agreements with Repressive Governments
Italy, November 7, 2016
In August 2016, Italy and Sudan signed a readmission agreement aimed at distinguishing between “welcome guests” and “citizens who have no right to remain in the territories of the two states.” Italy's subsequent removal of 48 Sudanese nationals back to the hands of the Sudanese government has nevertheless raised serious concerns about the legality of these new procedures.
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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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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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