Refugee

Refugee Roulette: Disparities in Asylum Adjudication

This study analyzes databases of merits decisions from all four levels of the asylum adjudication process: 133,000 decisions by 884 asylum officers over a seven year period; 140,000 decisions of 225 immigration judges over a four-and-a-half year period; 126,000 decisions of the Board of Immigration Appeals over six years; and 4215 decisions of the U.S. Courts of Appeal during 2004 and 2005. The analysis reveals significant disparities in grant rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country.

The History of Asylum Law in the International Law

After the tragic incidents occurred on September 11th 2001, in the United States, on March 11th 2005, in Spain and on July 21st 2005, in London, we must necessarily analyze the international system of refugees' protection. Mainly, because foreigners, in general, despite of nationality, are now seen as targets to kill. Is it, then, the international system of refugees' protection in crisis? We don't think so. As long as we don't mistake the refugees, the asylum seekers, the displaced and the immigrants in general with terrorists.

Asylum Politics and Asylum Law in the European Union

It can be said that the idea of asylum is as old as the dawn of humanity. Perhaps, this is why there is a panoply of legislation and literature (international and/or European) which directly and/or indirectly characterises this phenomenon. However, in our opinion, a true Asylum Law does not effectively exist in the European Union, at least, in the sense that it is traditionally considered, as a set of harmonious and correlated rules. What we have are several asylum policies, which vary among the different Member States .

Terrorism and Asylum Seekers: Why the Real Id Act is a False Promise

The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect.

Maybe You Should, Yes You Must, No You Can'T: Shifting Standards and Practices for Assuring Document Reliability in Asylum and Withholding of Removal Cases

As the demand for corroborating evidence for asylum cases rises, the reliability of that evidence takes on increasing importance. This EXPANDED VERSION of the article addresses how the reliability of documentary evidence is evaluated at the various levels of the asylum process, and also examines the history of how this regime came into being. NEW in the expanded version is a detailed discussion of the history of the immigration authentication rule (8 C.F.R.

Turning Back: An Assessment of Non-Refoulement Under Indian Law

Some have argued that India's laws uphold fundamental refugee law concepts. Specifically, some Indian legal scholars contend that the right of non-refoulement is alive and well in India even without having signed any related international agreements. The prevention of refoulement (translated roughly as the turning back of refugees), which includes both the rejection of refugees at the border as well as the deportation of refugees from inside India, lies at the very heart of refugee protection.

The New Asylum Rule: Improved but Still Unfair

In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This article discusses how two specific provisions of the IIRIRA - the one-year deadline on asylum applications and the expedited removal provisions - unnecessarily cause hardship and injustice to asylum-seekers. It also assesses the response of the Immigration and Naturalization Service (INS) and suggests needed regulatory and statutory reform.

Climate Change Displacement to Refuge

This article analyzes the interaction between international human rights law and climate change law. Part II discusses climate induced migration, human rights law and refugee status. Part III considers the role of the United Nations Security Council in climate-induced insecurity. Part IV concludes that maintaining international peace and security requires timely codification of climate measures that address ecomigration.

Páginas