The United State’s current asylum framework protects those who are persecuted because of their race, religion, nationality, political opinion, or membership in a particular social group. Should it extend to those who are denied state protection on those grounds?
Read MoreThe international community cannot assume that Myanmar will uphold its responsibility to this stateless ethnic group. In light of the Myanmar Government’s historical persecution and recent ethnic cleansing campaign of Rohingya people, the Rohingya are de facto refugees under the UNHCR mandate and require ongoing international protection.
Read MoreAssuming that the EU and the EUMS are committed to respecting international and EU law, and that they don’t plan to upend the institutional structure of the CEAS by establishing common processing centres offshore, no “game changers” are within easy reach. As shown, Regional Disembarkation Platforms (RDPs) are highly unlikely to add anything of substance to the EU’s already extensive “externalization toolbox.” Controlled Centres (CCs) in EUMS, for their part, are unlikely to ever take off absent predictable solidarity arrangements (as opposed to: fuzzy solidarity promises). This supposed exit from Europe’s solidarity conundrum leads, in fact, back around to it.
Read MoreThis article analyzes the practices of Spain and Morocco towards refugees near the Hispano-Moroccan borders and aims to better understand not only the illegality of “hot returns” and repression toward refugees, but also the ways in which the European Union (“EU”) accomplishes and perpetuates the externalization of its borders to North Africa.
Read MoreOn July 10, 2018 RefLaw Managing Editor Kara Naseef interviewed International Refugee Assistance Project (IRAP) Deputy Legal Director, Lara Finkbeiner about recent developments in international refugee law. What follows is an edited version of that interview.
Read MoreChapters 2 and 3 of the 1951 Refugee Convention enumerate the rights granted to recognized refugees. Many of those rights—public education, association, gainful employment, etc., cannot be realized if Member States do not provide accommodations for disabilities.
Read MoreSessions’ Matter of A-B- decision, together with previous decisions, ignores the plight of refugees fleeing gang and domestic violence in Southern and Central America and violates international obligations.
Read MoreThe Sixth Circuit should have carefully laid out a standard for serious harm instead of simply rejecting the violation of a human right as an insufficient basis for granting asylum.
Read MoreThe Illegality and Immorality of Returning Syrian Refugees Against Their Will.
Read MoreSouth 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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