Legal Asylum
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| Author | : Arzu Güler |
| Publisher | : Springer |
| Total Pages | : 351 |
| Release | : 2018-12-06 |
| Genre | : Law |
| ISBN | : 3319919059 |
This book addresses the ‘three moments’ in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers’ and refugees’ efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons’ flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers’ journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries’ interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one’s sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.
| Author | : Sara L McKinnon |
| Publisher | : University of Illinois Press |
| Total Pages | : 257 |
| Release | : 2016-09-01 |
| Genre | : Social Science |
| ISBN | : 0252098889 |
Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality. Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.
| Author | : Taylor & Francis Group |
| Publisher | : Routledge |
| Total Pages | : 272 |
| Release | : 2021-12-31 |
| Genre | : |
| ISBN | : 9780367765781 |
This highly topical book demonstrates the theoretical and practical importance of the study of migration law. It outlines approaches that may be taken in the design, delivery and evaluation of this study in law schools and universities to ensure an optimum level of learning. Drawing on examples of best practice from around the world, this book uses a theoretical framework and examples from real clients and simulations to help promote the learning and teaching of the law affecting migrants. It showcases contributions from over 20 academics and practitioners experienced in asylum and immigration law and helps to unpick how to teach the complex international laws and procedures relating to migration between different countries and regions. The different sections of the book explore educational best practice, what content can be covered, different models for teaching and learning, and strategies to deal with challenges. The book will appeal to scholars, researchers and practitioners of migration and asylum law, those teaching migration law electives and involved in curriculum design, as well as students of international, common and civil law.
| Author | : Hemme Battjes |
| Publisher | : BRILL |
| Total Pages | : 709 |
| Release | : 2006-05-01 |
| Genre | : Law |
| ISBN | : 9047409426 |
Community asylum law is becoming ever more essential to asylum law in Europe. But many intricate questions about this new body of law remain to be resolved. Do the Community rules weaken or improve the position of asylum seekers? Would a future Community asylum law have to observe international norms? What role should the Court of Justice play in asylum matters? And does the communautarisation of asylum law affect the possibilities of asylum seekers to approach domestic courts, or the European Court of Human Rights? These and other questions are addressed in this book. It offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses the content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.
| Author | : United States |
| Publisher | : |
| Total Pages | : 1628 |
| Release | : 1995 |
| Genre | : Law |
| ISBN | : |
| Author | : Benjamin N. Lawrance |
| Publisher | : Cambridge University Press |
| Total Pages | : 281 |
| Release | : 2015-02-26 |
| Genre | : Political Science |
| ISBN | : 1316195112 |
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.
| Author | : Susan Kneebone |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2009-03-19 |
| Genre | : Law |
| ISBN | : 0521889359 |
An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.
| Author | : Simon Behrman |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : Asylum, Right of |
| ISBN | : 9781138304178 |
The rise and fall of asylum in antiquity -- Sanctuary in England -- The nation-state origins of refugee law -- The evolution and impact of international refugee law -- The US sanctuary movement -- The sans-papiers
| Author | : Guy S. Goodwin-Gill |
| Publisher | : Oxford University Press |
| Total Pages | : 847 |
| Release | : 2007 |
| Genre | : Art |
| ISBN | : 0199281300 |
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 | : Charlotte Lülf |
| Publisher | : Routledge |
| Total Pages | : 298 |
| Release | : 2019-02-05 |
| Genre | : Law |
| ISBN | : 0429831234 |
While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
