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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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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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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Hispaniola: A Current Stateless Issue and a Looming Refugee Crisis

Dominican Republic, August 22, 2015

August 22, 2015 Julie Kornfeld Third-year student at the University of Michigan Law School. On Hispaniola, the island divided between the Dominican Republic and Haiti, the early stages of a...

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Palestinian Refugees and the Protection Gap

Syria, August 6, 2015

In April, the UN issued a press statement regarding the desperate condition of Yarmouk, a Palestinian refugee camp in Damascus, Syria. Due to the UNRWA’s inability to provide protection for certain Palestinian refugees who fall within their operational definition, an unprotected population of refugees has been created.

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Uighur Refugee Dispute Sheds Light on Thai Asylum Practices

Thailand, July 20, 2015

In March, a Thai court ruled that a group of 17 Uighur refugees would remain in detention until their nationalities were proven. Although the Turkish government had provided the group and other Uighur refugees with passports and travel permission, China claimed they were Uighur Muslims from Xinjiang, and asked Thailand for repatriation to China. The ensuing diplomatic tension has resulted in the repatriation of many Uighur refugees to China and shed light on Thai asylum practices.

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How to Sink a Boat: A Legal Analysis of the Right to Seek Asylum

European Union, July 12, 2015

In a surprisingly bold move, the European Union (E.U.) recently asked the United Nations to green light the use of force against boats containing “smuggled” immigrants on the Mediterranean Sea. This disturbing news has been met with a wave of protest from advocates and scholars alike, who deplore the E.U.’s plan because it denies these immigrants their fundamental rights. Many have been left wondering, what is the legal basis for the E.U.’s actions? And could the United Nations conceivably approve such a plan?

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Privacy and Impunity in South Africa

South Africa, June 3, 2015

On September 26, 2014 the North Gauteng High Court in Pretoria handed down its decision in CoRMSA v President of the Republic of South Africa, upholding the grant of refugee status to former Rwandan general Faustin Kayumba Nywamwasa despite allegations of his involvement in war crimes and crimes against humanity.

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Refugee Protection for Homeschoolers? Congressional Efforts to Amend the Refugee Definition and Restrict Protection for Central American Refugees

United States, June 1, 2015

The U.S. House of Representatives Judiciary Committee recently passed H.R.1153, the Asylum Reform and Border Protection Act of 2015 (“the ARBP Act”), a bill that restricts immigration to the United States, except for families fleeing persecution because they homeschool their children. This article discusses the ways in which the proposed Act is in direct contravention with U.S. domestic and international obligations and argues Congress should instead invest in the asylum officer corps and immigration court system to provide adjudicators with the resources and support they need to reach reasoned and fair decisions.

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Syrian Asylum Seekers Face Difficulties in Japan

Japan, May 12, 2015

Recently, four Syrian asylum seekers have decided to sue the government of Japan for its failure to recognize their claims for refugee status. This litigation move comes amid reports published by the Ministry of Justice, which states that Japan recognized only six asylum seekers in 2013 and only 11 in 2014, despite a clear upward trend in the number of asylum applications.

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