Exclusion From Protection As A Refugee

Human Rights Series, 3 (Library of Human Rights, 3) After the Second World War human rights law became entrenched in legal discourse as witnessed by a proliferation of human rights treaties. While the right of asylum was recognized as an fundamental right in the Universal Declaration of Human Rights, it has never been an absolute right but always restricted in various ways, the most important ones being that asylum should not be conferred on criminals and that refugees with a criminal background could be removed from the country of refuge. This book examines the extensive jurisprudence at the international and domestic level, which has attempted to balance the right of asylum for an individual versus the right of the state of refuge to restrict this right in situations of criminality. TABLE OF CONTENTS Chapter 1: Introduction Chapter 2: History Chapter 3: Exclusion Chapter 4: Refoulement Chapter 5: Alternatives to Refoulement Chapter 6: Conclusion Appendix: Geographical Listing of Court/Tribunal Decisions regarding Nefarious Organizations Jurisprudence Literature and Official Documents Index ABOUT THE AUTHOR Joseph Rikhof has received a BCL from the University of Nijmegen in The Netherlands; a LL.B degree from McGill University in Canada; a Diploma in Air and Space Law, also from McGill University and a PhD from the Irish Center for Human Rights. He teaches the course International Criminal Law at the University of Ottawa. He is Senior Counsel, Manager of the Law with the Crimes against Humanity and War Crimes Section of the Department of Justice, Canada. He was a visiting professional with the International Criminal Court in 2005 while also serving as Special Counsel and Policy Advisor to the Modern War Crimes Section of the Department of Citizenship and Immigration between 1998 and 2002. His area of expertise lies with the law related to organized crime, terrorism, genocide, war crimes and crimes against humanity, especially in the context of immigration and refugee law. He has written over 30 articles as well his PhD thesis exploring these research interests and has lectured on the same topics in North and South America, Europe, Africa, the Middle East, Australia and New Zealand.

2. The role of UNHCR

Academic Paper from the year 2018 in the subject Law - European and International Law, Intellectual Properties, University of Malta, course: M.A. European Politics, Economics and Law, language: English, abstract: The present work takes a closer look at the rare case of exclusion in asylum law. This article will analyse into detail which crimes and acts are taken in consideration. First, it will give an introduction of the legal framework of exclusion. In the second part it will analyse in depth the steps of the exclusion assessment, referring to experts such as EASO and the UNHCR. The article will conclude with a summary of the findings. Exclusion is a rare circumstance in the asylum procedure. The criteria to establish inclusion exactly like exclusion are set out in the Convention Relating to the Status of Refugees, from now on 1951 Refugee Convention. An asylum seeker who applied for international protection will go through an assessment done by an authority establishing whether he or she is entitled for international protection. If the person is entitled to protection according to the refugee definition stated in the 1951 Refugee Convention the person will be included. Being included means that the person needs protection because he or she has been forced to flee his or her country because of persecution, a refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Being included is also a prerogative for exclusion, a person cannot be excluded if he or she is first not included. The principle of exclusion is that the person who applied for asylum does not deserve protection. The aim of the 1951 Refugee Convention is to protect potential victims, not to protest criminals, therefore it does not have to be misused. The reason for not deserving protection can be mainly three. The first case is when the person is already beneficiary of protection, because he or she receives assistance from organs or agencies of the United Nations. The second scenario is when the person is recognised by the competent authorities of the country in which he or she has taken residence as having the same rights and obligations of the citizen in possession of the nationality of that country. The third and maybe most controversial scenario is when the person claiming asylum is responsible of a crime or an act so serious that the person is not considered to deserve protection.

Migrants - Guy S. Goodwin-Gil

Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. 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, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. 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 third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.

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.

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.