Proof, Evidentiary Assessment and Credibility in Asylum Procedures

Proof, Evidentiary Assessment and Credibility in Asylum Procedures PDF Author: Gregor Noll
Publisher:
ISBN: 9789004142008
Category : Administrative courts
Languages : en
Pages : 233

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Book Description

Proof, Evidentiary Assessment and Credibility in Asylum Procedures

Proof, Evidentiary Assessment and Credibility in Asylum Procedures PDF Author: Gregor Noll
Publisher:
ISBN: 9789004142008
Category : Administrative courts
Languages : en
Pages : 233

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Book Description


Evidence in European Asylum Procedures

Evidence in European Asylum Procedures PDF Author: Ida Staffans
Publisher: Martinus Nijhoff Publishers
ISBN: 9004219994
Category : Law
Languages : en
Pages : 305

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Book Description
Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System.

Asylum Determination in Europe

Asylum Determination in Europe PDF Author: Nick Gill
Publisher: Springer
ISBN: 3319947494
Category : Asylum, Right of
Languages : en
Pages : 346

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Book Description
Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided.The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.

Adjudicating Refugee and Asylum Status

Adjudicating Refugee and Asylum Status PDF Author: Benjamin N. Lawrance
Publisher: Cambridge University Press
ISBN: 1316195112
Category : Political Science
Languages : en
Pages : 281

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Book Description
In this book, legal, biomedical, psychosocial, and social science scholars and practitioners offer the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process. This volume presents a comprehensive study of the relevance of experts, as mediators of culture, who are called upon to corroborate, substantiate credibility, and serve as translators in the face of confusing legal standards that require proof of new forms and reasons for persecution around the globe. The authors provide insights into the evidentiary burdens on asylum seekers and the expanding role of expertise in the forms of country-conditions reports, biomedical and psychiatric evaluations, and the emerging field of forensic linguistic analysis in response to emerging forms of persecution, such as gender-based or sexuality-based persecution.

Refugee Law's Fact-Finding Crisis

Refugee Law's Fact-Finding Crisis PDF Author: Hilary Evans Cameron
Publisher: Cambridge University Press
ISBN: 1108427073
Category : Law
Languages : en
Pages : 233

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

Queering Asylum in Europe

Queering Asylum in Europe PDF Author: Carmelo Danisi
Publisher: Springer Nature
ISBN: 3030694410
Category : Social Science
Languages : en
Pages : 497

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Book Description
This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.

Trauma and Resilience Among Displaced Populations

Trauma and Resilience Among Displaced Populations PDF Author: Gail Theisen-Womersley
Publisher: Springer Nature
ISBN: 3030677125
Category : Social Science
Languages : en
Pages : 312

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Book Description
This open access book provides an enriched understanding of historical, collective, cultural, and identity-related trauma, emphasising the social and political location of human subjects. It therefore presents a socio-ecological perspective on trauma, rather than viewing displaced individuals as traumatised “passive victims”. The vastness of the phenomenon of trauma among displaced populations has led it to become a critical and timely area of inquiry, and this book is an important addition to the literature. It gives an overview of theoretical frameworks related to trauma and migration—exploring factors of risk and resilience, prevalence rates of PTSD, and conceptualisations of trauma beyond psychiatric diagnoses; conceptualises experiences of trauma from a sociocultural perspective (including collective trauma, collective aspirations, and collective resilience); and provides applications for professionals working with displaced populations in complex institutional, legal, and humanitarian settings. It includes case studies based on the author’s own 10-year experience working in emergency contexts with displaced populations in 11 countries across the world. This book presents unique data collected by the author herself, including interviews with survivors of ISIS attacks, with an asylum seeker in Switzerland who set himself alight in protest against asylum procedures, and women from the Murle tribe affected by the conflict in South Sudan who experienced an episode of mass fainting spells. This is an important resource for academics and professionals working in the field of trauma studies and with traumatised groups and individuals.

The International Organization for Migration

The International Organization for Migration PDF Author: Martin Geiger
Publisher: Springer Nature
ISBN: 3030329763
Category : Political Science
Languages : en
Pages : 326

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Book Description
In 2016, the International Organization for Migration (IOM) became part of the United Nations. With 173 member states and more than 400 field offices, the IOM—the new ‘UN migration agency’—plays a key role in migration governance. The contributors in this volume provide an in-depth and comprehensive insight into the IOM, its transformation, current structure and projects, as well as its capacity, self-understanding and political agenda.

Gender in Refugee Law

Gender in Refugee Law PDF Author: Efrat Arbel
Publisher: Routledge
ISBN: 1135038112
Category : Law
Languages : en
Pages : 307

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Book Description
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

The Law of Refugee Status

The Law of Refugee Status PDF Author: James C. Hathaway
Publisher: Cambridge University Press
ISBN: 1139991930
Category : Political Science
Languages : en
Pages : 777

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Book Description
The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first edition, but undertakes an entirely original analysis of the jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central question in asylum law: who is a refugee?