Refugee Law's Fact-Finding Crisis


Book Description

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


Book Description

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


Book Description

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.




Contemporary Issues in Refugee Law


Book Description

Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the 'Arab Awakening' gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours. The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favoured polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead. Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners.




The Refugee in International Law


Book Description

Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.




The Rights of Refugees under International Law


Book Description

The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.










The Refugee in International Law


Book Description

The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.




No Refuge


Book Description

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.