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.
Read More
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.
Read More
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.
Read More
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
Read More
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."
Read More
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.
Read More
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?
Read More
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.
Read More
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.
Read More
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.
Read More