Jan5
Let Sleeping Dogs Lie? Temporary Protection in European Union Asylum Law
European Union, January 5, 2017
A critical review of the doctrine of temporary protection in EU asylum law, in light of the current political and scholarly debate regarding the implementation, amendment or repeal of the Temporary Protection Directive.
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Dec5
Protecting Refugee Property and Dignity: A Brief Comment on the Legal and Ethical Basis of the Danish “Jewelry Law”
Denmark, December 5, 2016
In framing the Danish “Jewelry Law” as an example of a law that occupies the grey area between what is legal and what is ethical, this article seeks to understand what such a grey area means for our current system of international protection in Europe and beyond.
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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.
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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.
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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.
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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
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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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