Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 217
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Book Description
This paper discusses the definition of Convention refugee, the interpretation of which is an ongoing process. The paper attempts to identify those principles of law which are settled and to indicate how the courts have applied those principles to particular situations. It also identifies those areas where case law is conflicting or unsettled. Reference is made to the decisions of the Federal Court and the Supreme Court of Canada which interpret the Convention refugee definition. The introduction provides the Convention refugee definition as enacted in the Immigration Act and explains the general rules of interpretation. Topics covered include country of persecution, persecution, grounds of persecution, well-founded fear of persecution, state protection, change of circumstances & compelling reasons, the internal flight alternative, particular situations such as civil war, and exclusion clauses.
Author: Canada. Immigration and Refugee Board
Publisher:
ISBN:
Category : Refugees
Languages : en
Pages :
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Book Description
Author: James C. Hathaway
Publisher: Cambridge University Press
ISBN: 1107012511
Category : Law
Languages : en
Pages : 777
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Book Description
The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Author: Lorne Waldman
Publisher:
ISBN: 9780433502357
Category : Convention Relating to the Status of Refugees
Languages : en
Pages : 744
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Book Description
This authoritative text on contemporary Canadian refugee law examines all elements in the criteria for refugees under the Immigration and Refugee Protection Act and analyzes the jurisprudence as it has developed in Canada with references to other sources of international law. The book serves as an authority on current Canadian refugee law, which is based on the definition of refugee status contained in the United Nations¿ 1951 Refugee Convention and the United Nations Convention Against Torture. With thousands of applicable cases synthesized, this publication is an indispensable manual for immigration lawyers and consultants, as well as paralegals and government policy advisors. Features: Extensively researched, with thousands of applicable cases synthesized Covers almost every single point of law and all case law needed for a good grasp of this area of practice Examines in depth key recent issues decided by the Supreme Court of Canada and appellate courts such as: The interpretation of the exclusion clauses in Ezokola and Febles and Mugesera The clarification of Article 1 E , state protection, the internal flight alternative and nexus to the definition of Convention Refugee. The incorporation into Canadian Immigration Law of the protections of the Convention Against Torture through the introduction of section 97 of the Immigration and Refugee Protection Act Discusses issues such as the application of the concept of generalized risk and its application when a person seeks recognition as a person is in need of protection; the meaning of cruel unusual treatment or punishment. Full text of Part 2 of the Immigration and Refugee Protection Act (ss. 95-116) Detailed index
Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
ISBN: 0199281300
Category : Art
Languages : en
Pages : 847
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Book Description
Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.
Author: Mark R. von Sternberg
Publisher: BRILL
ISBN: 900447918X
Category : Law
Languages : en
Pages : 343
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Book Description
This volume examines the ways in which human rights and humanitarian law have influenced the development of the refugee definition as interpreted in the United States and Canada. Analysis focuses on how these two significant jurisdictions have addressed refugee protection in a modern context. The problem areas discussed include: persecution during periods of upheaval, resistance to the State in times of civil war, opposition to coercive family planning programs, and the diverse issues raised by gender-based asylum claims. The view is advanced that the grounds of refugee protection are not fixed but parallel discriminatory social and political attitudes towards defined groups. The study also advocates that human rights and humanitarian law principles should continue to shape the evolution of refugee jurisprudence so as to achieve more effectively the Convention's goals. This work will be of great interest to academics, practitioners, and policy makers in the refugee field, as well as to scholars of international human rights and humanitarian law.
Author: Bruce Burson
Publisher: BRILL
ISBN: 9004288597
Category : Law
Languages : en
Pages : 427
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Book Description
Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.
Author: Matthew Scott
Publisher: Cambridge University Press
ISBN: 1108787770
Category : Political Science
Languages : en
Pages :
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Book Description
Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to the refugee definition.
Author: Pia Zambelli
Publisher:
ISBN: 9780459241636
Category : Asylum, Right of
Languages : en
Pages : 0
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Book Description
This book provides a compendium of judge-made refugee law in Canada and the United States. The full text of Canada's treaty obligations under the United Nations 1951 Convention Relating to the Status of Refugees and its subsequent Protocol, signed in 1967, setting out the circumstances required to define individuals as refugees, is reproduced and fully annotated. The author has organized the case law by topic making the relevant decisions easily accessible. There is systematic coverage of the case law interpreting the series of elements that must be examined in assessing a claim to Convention refugee status. Topics included in this compendium include: judicial comment on acts of terrorism; the test for complicity in international offences; war crimes, and prohibition on torture in international law; interpretation of the term "danger to the security of Canada"; United States Supreme Court comment on post-removal-period detention legislation; and the evidentiary burden in cases of reasonableness of internal relocation.
Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0198848633
Category : Law
Languages : en
Pages : 1337
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Book Description
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.
