Author: P. Weiss Fagen Publisher: ISBN: Category : Languages : en Pages : 12
Book Description
This paper discusses a pending test case to determine the standing of evidence in US refugee status and asylum claims. Arguments turn upon whether or not a claimant must show a 'clear probability' or simply a 'well-founded fear' of persecution in his country of origin. Prior to 1980, most refugees were admitted in groups and few sought asylum individually. Those that did had to establish 'clear probability' of persecution. This has had historical antecedents in US asylum procedures. With the passage of the 1980 Refugee Act, historical precedent should have given way to the more flexible interpretation of the UN Protocol of 1967. The Immigration and Naturalization Service (INS) is at odds with a Second Circuit Court ruling concerning Mr Stevic's claim for asylum. The INS argues that the intent of the new act was not to modify existent procedures and that the UN definition was adopted for 'the sake of clarity'. The INS asserted that there are only minor differences between the pre-established 'clear probability' and the recent 'well-founded fear'. The Second Court disagreed, thus reversing the INS decision to deny asylum to Mr Stevic. This distinction is an important one for it is easier for most persons to establish cases based upon a 'well-founded fear' than on a 'clear probability' of persecution, as Mr Stevic has tried to do.
Author: Guy S. Goodwin-Gill Publisher: Oxford University Press ISBN: 0199281300 Category : Art Languages : en Pages : 847
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: María Cristina García Publisher: Oxford University Press ISBN: 0190655305 Category : History Languages : en Pages : 361
Book Description
The Refugee Challenge in Post-Cold War America examines the geopolitical and domestic interests that have shaped US refugee and asylum policy since 1989. In the post-Cold War era, policymakers consider a wider range of populations as potentially eligible for refuge: victims of civil unrest, trafficking, and gender and sexuality-based discrimination.
Author: Guy S. Goodwin-Gill Publisher: Oxford University Press ISBN: 0198808569 Category : Law Languages : en Pages : 865
Book Description
Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. 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. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. 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 fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.
Author: P. Weiss Fagen
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Author: Guy S. Goodwin-Gill
Author: María Cristina García
Author: E. Lauterpacht
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Author: David A. Martin
Author: Guy S. Goodwin-Gill
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