Refugee Law's Fact-Finding Crisis

Refugee Law's Fact-Finding Crisis
Author: Hilary Evans Cameron
Publisher: Cambridge University Press
Total Pages: 233
Release: 2018-05-10
Genre: Law
ISBN: 1108427073

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Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.

Refugee Law's Fact-Finding Crisis

Refugee Law's Fact-Finding Crisis
Author: Hilary Evans Cameron
Publisher: Cambridge University Press
Total Pages: 233
Release: 2018-05-10
Genre: Political Science
ISBN: 1108644279

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At a time when many around the world are fleeing their homes, seeking refugee protection has become a game of chance. Partly to blame is the law that governs how refugee status decision-makers resolve their doubts. This long-neglected branch of refugee law has been growing in the dark, with little guidance from the Refugee Convention and little attention from scholars. By looking closely at the Canadian jurisprudence, Hilary Evans Cameron provides the first full account of what this law is trying to accomplish in a refugee hearing. She demonstrates how a hole in the law's normative foundations is contributing to the dysfunction of one of the world's most respected refugee determination systems, and may well be undermining refugee protection across the globe. The author uses her findings to propose a new legal model of refugee status decision-making.

When in Doubt

When in Doubt
Author: Hilary Evans Cameron
Publisher:
Total Pages:
Release: 2016
Genre:
ISBN:

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Which mistake is worse: to deny a refugee claim that should have been granted, or to grant a claim that should have been denied? Canadian refugee law has not made up its mind. In any area of legal adjudication, the law's error preference lies at the root of the structures that allow decision-makers to resolve their doubts: its burdens of proof, standards of proof and presumptions. The Federal Court, where Canadian refugee law is made, is divided on the question of which kind of error Refugee Board members should prefer, and as a consequence, the law's fact-finding structures work at cross-purposes. Board members are therefore often free to choose whether to resolve their doubts in a claimant's favour or against her, and since refugee status determination is mainly about fact-finding, this helps to explain the infamous disparities in the Board's grant rates. These disparities could suggest that many members must be highly suspicious or highly trusting, or else deciding claims on a whim or in bad faith. But in order to make nothing but negative decisions, a member does not need to be cynical or biased. He simply needs doubt, along with access to the structures that allow him to resolve that doubt against the claimant. To make nothing but positive decisions, a member does not need to be highly credulous. She could, on the contrary, be full of doubt, and choosing to resolve that doubt in the claimant's favour. Doubt lurks around every corner in a refugee hearing, and so even if every member decided in good faith, such a system could be expected to have difficulty treating similar cases consistently. And of course, if members can make whichever decisions they prefer for whatever reason they want, the system is vulnerable to influence and abuse.

Palestinian Refugees in International Law

Palestinian Refugees in International Law
Author: Francesca Albanese
Publisher: Oxford University Press, USA
Total Pages: 609
Release: 2020
Genre: Law
ISBN: 019878404X

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The Palestinian conflict has produced one of the most tragic refugee crises since World War II, with the number of refugees caused by the violence associated with the creation of the State of Israel numbering around 11 million in 2011. The much lauded first edition, in 1998, of The Status of Palestinian Refugees in International Law was the first book to comprehensively analyse the legal aspects of the Palestinian refugee crisis, yet the last two decades have seen multiple developments. New waves of conflict and displacement have affected Palestinian refugees in the Middle East, and there has been Israeli encroachment on Palestinian territory. Hamas has grown, and a schism has formed within the first Palestinian government. The so-called "Arab Spring" has impacted the life, fate, and legal status of thousands of Palestinian refugees. In international legal jurisprudence, change has been similarly rapid. In 2004, the International Court of Justice delivered a crucial advisory opinion on the Separation Wall, authoritatively elucidating the international legal framework applicable to the Israeli occupation. Numerous international human rights bodies and UN fact-finding missions have added their analysis to the mix. The possibility of the State of Palestine joining the International Criminal Court has spurred discussion relating to the applicability of international criminal law to Palestinian refugees. Clear, compelling, and authoritative, Lex Takkenberg and Francesca Albanese discuss the status quo both on the ground and in the courts, and pose future scenarios to come.

The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law
Author: Cathryn Costello
Publisher: Oxford University Press
Total Pages: 1337
Release: 2021
Genre: Law
ISBN: 0198848633

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This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.

No Refuge

No Refuge
Author: Serena Parekh
Publisher: Oxford University Press
Total Pages: 256
Release: 2020-09-03
Genre: Political Science
ISBN: 0197508014

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Syrians crossing the Mediterranean in ramshackle boats bound for Europe; Sudanese refugees, their belongings on their backs, fleeing overland into neighboring countries; children separated from their parents at the US/Mexico border--these are the images that the Global Refugee Crisis conjures to many. In the news we often see photos of people in transit, suffering untold deprivations in desperate bids to escape their countries and find safety. But behind these images, there is a second crisis--a crisis of arrival. Refugees in the 21st century have only three real options--urban slums, squalid refugee camps, or dangerous journeys to seek asylum--and none provide genuine refuge. In No Refuge, political philosopher Serena Parekh calls this the second refugee crisis: the crisis of the millions of people who, having fled their homes, are stuck for decades in the dehumanizing and hopeless limbo of refugees camps and informal urban spaces, most of which are in the Global South. Ninety-nine percent of these refugees are never resettled in other countries. Their suffering only begins when they leave their war-torn homes. As Parekh urgently argues by drawing from numerous first-person accounts, conditions in many refugee camps and urban slums are so bleak that to make people live in them for prolonged periods of time is to deny them human dignity. It's no wonder that refugees increasingly risk their lives to seek asylum directly in the West. Drawing from extensive first-hand accounts of life as a refugee with nowhere to go, Parekh argues that we need a moral response to these crises--one that assumes the humanity of refugees in addition to the challenges that states have when they accept refugees. Only once we grasp that the global refugee crisis has these two dimensions--the asylum crisis for Western states and the crisis for refugees who cannot find refuge--can we reckon with a response proportionate to the complexities we face. Countries and citizens have a moral obligation to address the structures that unjustly prevent refugees from accessing the minimum conditions of human dignity. As Parekh shows, there are ways we as citizens can respond to the global refugee crisis, and indeed we are morally obligated to do so.

The Ungrateful Refugee

The Ungrateful Refugee
Author: Dina Nayeri
Publisher: Catapult
Total Pages: 368
Release: 2019-09-03
Genre: Social Science
ISBN: 194822643X

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A Finalist for the 2019 Kirkus Prize in Nonfiction "Nayeri combines her own experience with those of refugees she meets as an adult, telling their stories with tenderness and reverence.” —The New York Times Book Review "Nayeri weaves her empowering personal story with those of the ‘feared swarms’ . . . Her family’s escape from Isfahan to Oklahoma, which involved waiting in Dubai and Italy, is wildly fascinating . . . Using energetic prose, Nayeri is an excellent conduit for these heart–rending stories, eschewing judgment and employing care in threading the stories in with her own . . . This is a memoir laced with stimulus and plenty of heart at a time when the latter has grown elusive.” —Star–Tribune (Minneapolis) Aged eight, Dina Nayeri fled Iran along with her mother and brother and lived in the crumbling shell of an Italian hotel–turned–refugee camp. Eventually she was granted asylum in America. She settled in Oklahoma, then made her way to Princeton University. In this book, Nayeri weaves together her own vivid story with the stories of other refugees and asylum seekers in recent years, bringing us inside their daily lives and taking us through the different stages of their journeys, from escape to asylum to resettlement. In these pages, a couple fall in love over the phone, and women gather to prepare the noodles that remind them of home. A closeted queer man tries to make his case truthfully as he seeks asylum, and a translator attempts to help new arrivals present their stories to officials. Nayeri confronts notions like “the swarm,” and, on the other hand, “good” immigrants. She calls attention to the harmful way in which Western governments privilege certain dangers over others. With surprising and provocative questions, The Ungrateful Refugee challenges us to rethink how we talk about the refugee crisis. “A writer who confronts issues that are key to the refugee experience.” —Viet Thanh Nguyen, Pulitzer Prize–winning author of The Sympathizer and The Refugees

On the Doorstep of Europe

On the Doorstep of Europe
Author: Heath Cabot
Publisher: University of Pennsylvania Press
Total Pages: 281
Release: 2023-08-08
Genre: History
ISBN: 1512825220

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Since the global financial crisis of 2008, Greece has shouldered a heavy burden struggling with internal political and financial insecurity as well as hosting enormous numbers of migrants and asylum seekers who arrive by land and sea. In On the Doorstep of Europe, Heath Cabot presents an ethnographic study of the asylum system in Greece, tracing the ways asylum seekers, bureaucrats, and service providers attempt to navigate the dilemmas of governance, ethics, knowledge, and social relations that emerge through this legal process. Centering on the work of an asylum advocacy NGO in Athens, Cabot explores how workers and clients grapple with predicaments endemic to Europeanization and rights-based protection. Drawing inspiration from classical Greek tragedy to highlight both the transformative potential and violence of law, Cabot charts the structural violence effected through European governance, rights frameworks, and humanitarian intervention while also exploring how Greek society is being remade from the inside out. She shows how, in contemporary Greece, relationships between insiders and outsiders are radically reconfigured through legal, political, and economic crises. Now updated with a preface reflecting on the critical stakes of the book's exploration of refuge in light of events that have transpired in and beyond Europe since its initial publication, On the Doorstep of Europe highlights how border crossers and residents in countries of arrival navigate legal and political violence. Cabot's on-the-ground account of asylum and immigration in Europe's borderlands, based on fieldwork conducted between 2004 and 2011, shows how the difficulties encountered by asylum seekers in an earlier time remain relevant and revealing in the face of ongoing crises and challenges today.

Rescue

Rescue
Author: David Miliband
Publisher: Simon and Schuster
Total Pages: 160
Release: 2017-11-14
Genre: Political Science
ISBN: 1501154400

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We are in the midst of a global refugee crisis. Sixty five million people are fleeing for their lives. The choices are urgent, not just for them but for all of us. What can we possibly do to help? With compassion and clarity, David Miliband shows why we should care and how we can make a difference. He takes us from war zones in the Middle East to peaceful suburbs in America to explain the crisis and show what can be done, not just by governments with the power to change policy but by citizens with the urge to change lives. His innovative and practical call to action shows that the crisis need not overwhelm us. Miliband says this is a fight to uphold the best of human nature in the face of rhetoric and policy that humor the worst. He defends the international order built by western leaders out of the ashes of World War II, but says now is the time for reform. Describing his family story and drawing revealing lessons from his life in politics, David Miliband shows that if we fail refugees, then we betray our own history, values, and interests. The message is simple: rescue refugees and we rescue ourselves.

New Technologies for Human Rights Law and Practice

New Technologies for Human Rights Law and Practice
Author: Molly K. Land
Publisher: Cambridge University Press
Total Pages: 333
Release: 2018-04-19
Genre: Computers
ISBN: 1107179637

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Provides a roadmap for understanding the relationship between technology and human rights law and practice. This title is also available as Open Access.