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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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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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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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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Sep30

The Often Fine Line Between Asylum Seeker and Smuggler

Canada, September 30, 2015

In February of this year, the Supreme Court of Canada heard four cases of sea-borne asylum seekers found to be ineligible for refugee protection because they helped other refugees come to Canada illegally. This is the first time in the history of international refugee law that the highest court of a country will address this issue.

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Sep17

Moving Beyond the Asylum Muddle

September 17, 2015

Hungary’s decision this week to seal its border with Serbia with massive coils of barbed wire is an affront to any notion of good faith implementation of refugee law obligations.

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