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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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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Oct6

Complicity under Article 1F(a) of the 1951 Convention

October 6, 2015

Given the prevalence of armed conflict and its essentially civilian nature, more and more individuals have the potential of falling within the provisions of Article 1F(a) of the Convention. The focus of this article is on “complicity” and how this is applied and interpreted by some of the leading jurisdictions in international refugee law to exclude individuals from Convention refugee status under Article 1F(a).

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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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Aug22

Hispaniola: A Current Stateless Issue and a Looming Refugee Crisis

Dominican Republic, August 22, 2015

Julie Kornfeld Third Year Law Student in the Program on Refugee and Asylum Law at University of Michigan Law School On Hispaniola, the island divided between the Dominican Republic and...

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