The Challenge of Asylum to Legal Systems

The Challenge of Asylum to Legal Systems PDF Author: Prakash Shah
Publisher: Taylor & Francis
ISBN: 1000158349
Category : Law
Languages : en
Pages : 496

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Book Description
A collection of papers presenting critical perspectives in the development of asylum law with a focus on European and UK developments, incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision-making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.

The Challenge of Asylum to Legal Systems

The Challenge of Asylum to Legal Systems PDF Author: Prakash Shah
Publisher: Taylor & Francis
ISBN: 1000158349
Category : Law
Languages : en
Pages : 496

Get Book Here

Book Description
A collection of papers presenting critical perspectives in the development of asylum law with a focus on European and UK developments, incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision-making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.

The Challenge of Asylum to Legal Systems

The Challenge of Asylum to Legal Systems PDF Author: Prakash Shah
Publisher: Routledge Cavendish
ISBN: 9781859419816
Category : Law
Languages : en
Pages : 283

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Book Description
The problem of asylum has emerged as one of the most critical issues of public debate, political concern and legal reform in recent years. This book features discussion by leading experts in the field of refugee and asylum law, presenting the problem of asylum in its various facets from international, European and comparative perspectives, particularly as it has concerned Western legal systems in the last two decades. Specifically, readers will find useful comparisons among the European, British and Australian approaches to the legal management of asylum migration.

Migration, Diasporas and Legal Systems in Europe

Migration, Diasporas and Legal Systems in Europe PDF Author: Prakash Shah
Publisher: Taylor & Francis
ISBN: 1000158373
Category : Law
Languages : en
Pages : 471

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Book Description
At a time when issues concerning migration and the formation of diasporic communities have come to be critical for all European legal systems, this volume reflects, discusses and analyzes the questions raised by diasporas who have established themselves in Europe over more than fifty years of immigration and the challenges faced by legal systems in the light of continued migration. Contributors from a broad range of backgrounds address prominent issues ranging from legal pluralism among minorities, pressures on EU accession states, irregular migration, state control of family reunification and formation in light of human rights laws, challenges for citizenship and nationality laws and the implementation of visa rules and juxtaposed control zones. Besides the EU as a supranational legal order, the book contains discussion of conditions in the United Kingdom, Ireland, France, Spain, Gibraltar, Morocco, Greece, Turkey and Lithuania. This volume accompanies The Challenge of Asylum to Legal Systems and is the second book to emerge from the W.G Hart Legal Workshop held in 2004 at London's Institute for Advanced Legal Studies.

Reforming the Common European Asylum System

Reforming the Common European Asylum System PDF Author: Vincent Chetail
Publisher: BRILL
ISBN: 9004308660
Category : Law
Languages : en
Pages : 549

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Book Description
This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.

Protracted Refugee Situations

Protracted Refugee Situations PDF Author: Gil Loescher
Publisher: Routledge
ISBN: 1136622233
Category : History
Languages : en
Pages : 97

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Book Description
Protracted refugee populations not only constitute over 70% of the world's refugees but are also a principal source of many of the irregular movements of people around the world today. The long-term presence of refugee populations in much of the developing world has come to be seen by many host states in these regions as a source of insecurity. In response, host governments have enacted policies of containing refugees in isolated and insecure camps, have prevented the arrival of additional refugees and, in extreme cases, have engaged in forcible repatriation. Not surprisingly, these refugee populations are also increasingly perceived as possible sources of insecurity for Western states. Refugee camps are sometimes breeding grounds for international terrorism and rebel movements. These groups often exploit the presence of refugees to engage in activities that destabilise not only host states but also entire regions.

Latin America and Refugee Protection

Latin America and Refugee Protection PDF Author: Liliana Lyra Jubilut
Publisher: Berghahn Books
ISBN: 1800731159
Category : Social Science
Languages : en
Pages : 447

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Book Description
Looking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years. It analyses Latin America’s main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America’s protection of refugees.

Refugees, Asylum Seekers and the Rule of Law

Refugees, Asylum Seekers and the Rule of Law PDF Author: Susan Kneebone
Publisher: Cambridge University Press
ISBN: 0521889359
Category : Law
Languages : en
Pages : 357

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Book Description
An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.

Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts

Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts PDF Author: Samantha Velluti
Publisher: Springer Science & Business Media
ISBN: 3642402674
Category : Law
Languages : en
Pages : 118

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Book Description
In June 2013, after lengthy and complex negotiations the EU adopted the recast “asylum package” which represents a significant step forward in the future development of CEAS. In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the “lens” of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers’ rights. The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted “second-generation” legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States. Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law. Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.

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.

Asylum - A Right Denied

Asylum - A Right Denied PDF Author: Helen O'Nions
Publisher: Routledge
ISBN: 1317177762
Category : Political Science
Languages : en
Pages : 271

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Book Description
In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.