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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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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