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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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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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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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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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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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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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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Feb15
Hotspots and Relocation Schemes: The Right Therapy for the Common European Asylum System?
European Union , February 15, 2016
The Common European Asylum System ("CEAS") and the Schengen travel area are in considerable jeopardy. The spontaneous arrival of approximately one million persons in 2015, 90% from the top refugee-producing countries of the world, has cruelly exposed their paradoxes and set in motion centrifugal forces that appear to threaten their very existence. The remedy proposed by the EU institutions includes as its centrepieces the “hotspot approach” and intra-EU relocation schemes. Great store is being placed in their implementation.
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