Jun16
Refugee Status Determination by South Pacific Island Countries: Legal Overview, Recent Developments, and a Brief Critique
June 16, 2018
South Pacific island countries should carefully consider the legal and ethical issues relating to Australia’s practice of offshore asylum processing and the role they play in this practice.
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Jun1
Anti-Gang/Guerrilla Opinions are Political Opinions
June 1, 2018
[W]hen adjudicators fail to recognize these opinions as political, they deny some deserving applicants protection the Convention guarantees.
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May29
Refugee Law in Ecuador: An Interview with Liliya Paraketsova, 2017 PRAL Fellow
Ecuador, May 29, 2018
On March 22, 2018, RefLaw Associate Editor Sam Kulhanek interviewed Liliya Paraketsova, a 2017 Fellow of the Michigan Law Program in Refugee and Asylum Law (PRAL), about her experience working with the Asylum Access regional office for Latin America in Ecuador. What follows is an edited version of that interview. The views and opinions represented are solely Liliya's and do not necessarily reflect the views of Asylum Access.
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May1
The Inclusion of a Subjective Component in “Well-Founded Fear” and the Insufficiency of Strict Textualism
May 1, 2018
The United States Supreme Court should revisit its language requiring the assessment of the applicant’s subjective emotional state when determining whether that applicant meets the “well-founded fear” test.
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Mar31
Merging Sociology and Law: How Social Construction of Identity May Explain Differing Treatment of Women and Gay People as Social Groups in Refugee Law
March 31, 2018
The core differences in the social construction of gender and sexual orientation may explain the differing treatment of women and gay people in refugee law. Women are not seen as distinct individuals, while gay individuals' identities are not merged with a spouse or children.
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Feb23
Mexico and U.S. Still Lock Up Central American Refugees, but Make Moves Towards Ending Detention
United States, Mexico, February 23, 2018
In July 2014, the U.S. joined a new UNHCR initiative called “Global Strategy - Beyond Detention 2014-2019” (“Global Strategy”). The Global Strategy launched in 12 target countries, with the following goals: provide alternatives to detention for asylum seekers, improve detention conditions where detention is necessary, and end child detention. For the U.S. and its fellow signatory Mexico, the Global Strategy began at the peak of a humanitarian crisis.
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Dec9
Unsafe Third Country: Greek Court Returns Syrian Refugees to Turkey
Turkey, Greece, December 9, 2017
A recent decision by the highest Greek administrative court held that Syrians in Greece can be safely returned to Turkey in accordance with the safe third country doctrine. With evidence pointing to the contrary, this decision may open the doors to Greece and the EU violating European law and the Refugee Convention.
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Nov13
Protection in Word But Not in Practice: How Resettlement Countries are Failing LGBTI Refugees
Canada, Chechnya, Uzbekistan, Russia, November 13, 2017
Since LGBTI refugees face particular challenges because of the widespread animosity towards individuals with this immutable characteristic, resettlement countries should follow Canada’s lead and welcome LGBTI refugees currently suffering around the world.
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Oct31
Israeli Supreme Court Rules: Taxation and Employment Restrictions on Employers of “foreign workers” Apply to Employers of Asylum Seekers Too
October 31, 2017
The Israeli Supreme Court recently handed down two decisions that would further restrict the employment opportunities of asylum seekers in Israel. In one, the court considered a "foreign worker tax" levied on employers of asylum seekers. The court is the first judiciary in the world to consider the legitimacy of "foreign worker taxes" levied on employers of asylum seekers under the Refugee Convention.
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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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