Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
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.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
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.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
Refugees are vanishing from the territory of wealthy industrialized nations. I do not mean that refugees are literally disappearing. Despite the best efforts of western governments to deter them, thousands of asylum seekers do manage to arrive and lodge refugee claims each year. I refer here not to the legal and material reality of refugees, but rather to the erosion of the idea that people who seek asylum may actually be refugees.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
Pressure to automatically exclude terrorists from asylum has increased since the late 1990s, including exclusion based on mere membership of terrorist organizations. Such pressure has emanated from the UN General Assembly, the Security Council, regional organizations, States and even UNHCR. Yet terrorism is not listed as a separate ground of exclusion in the 1951 Refugee Convention, and there is no internationally accepted definition of terrorist offences which could serve as a principled basis of exclusion.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
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.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:23
Since 1980, the Refugee Act has offered asylum to people who flee to the United States to escape persecution in their homeland. In 1996, however, Congress amended the law to bar asylum – regardless of the merit of the underlying claim – for any applicant who fails to apply within one year of entering the United States, unless the applicant qualifies for one of two exceptions to the rule. In the years since the bar was established, anecdotal reports have suggested that genuine refugees, with strong merits claims to asylum, have been rejected solely because of the deadline.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:22
Canada’s current definition of a refugee includes those facing persecution on account of sexual orientation. This article demonstrates that the success rates for sexual-minority refugee claims are similar to the success rates for traditional refugee claims. However, one subset of sexual-minority refugee claimants, those alleging a fear of persecution on account of bisexuality, is far less successful.
Submitted by rrn-owner on Wed, 2011/07/27 - 17:14
This Article critiques U.S. counterterrorism measures that directly target refugees and asylum-seekers. The United States currently offers protection to individuals and families fleeing persecution through two programs: the overseas refugee resettlement program (available to refugees residing outside the United States) and the asylum system (available to those who apply for refugee protection on U.S. soil).
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