Author: Gina Clayton
Publisher: Oxford University Press
Release Date: 2016-07-21
Genre: Asylum, Right of
The seventh edition of Textbook on Immigration and Asylum Law continues to provide students with expert coverage of case law and legislation, along with dynamic analysis of the political context and social impact of the law, and a strong focus on human rights. Including key case summaries, chapter questions and further reading, the book deftly guides the reader through this fascinating and constantly developing area of law, using clear and accessible language throughout. An ideal guide for all students of the subject. This book is accompanied by an Online Resource Centre, which contains the following resources designed to support the book: - Updates providing easy access to changes and developments in the law - Problem questions to test knowledge and develop analytical skill - Guidance on how to answer the end-of-chapter questions - A selection of web links to support additional research
Author: Margaret Phelan
Publisher: Oxford University Press
Release Date: 2013-01-24
Providing an invaluable reference for immigration practitioners, this book builds on the proven success of previous editions to offer the most up-to-date coverage of recent immigration legislation, selected and annotated by experts with a wealth of practical experience.
Author: Dallal Stevens
Release Date: 2004
Genre: Asylum, Right of
The past decade has witnessed unprecedented activity in the field of UK asylum law, with four major Acts passed in nine years. Yet asylum seekers and refugees are not a new phenomenon in the UK, nor is the perception of them as a problem. "UK Asylum Law and Policy" provides a critical analysis of the development of legislation in this area, charting the definition and ongoing redefinition of the asylum seeker in the eyes of the law. It examines the concept of asylum, how it has evolved, and the law and practice to which it has given rise. By combining historical and contemporary perspectives, and taking account of national, European and international determinants, the book provides a wide-ranging and up-to-date conspectus of major developments and issues in UK asylum law and policy.
The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.
Author: Thomas Gammeltoft-Hansen
Publisher: Cambridge University Press
Release Date: 2011-03-17
Genre: Political Science
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
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.
Author: Mark Symes
Publisher: Bloomsbury Publishing
Release Date: 2015-05-31
"invaluable . to the armoury of all . a compulsory addition to the library of every immigration judge and practitioner." The President of the Upper Tribunal Immigration and Asylum Chamber, Mr Justice McCloskey The system of appeals and judicial review in immigration has received a radical overhaul in recent years. The Immigration Appeals and Remedies Handbook is a practical and user-friendly text dealing with all aspects of immigration appeals, and with administrative and judicial review. The book is written in the style of a user-friendly Handbook and features check lists and bullet points for ease of understanding. It covers: -The new appeals system currently entering force in stages from October 2014, with most migrants being dealt with under a radically different structure than that previously in place from April 2015; -The wholly new Procedure Rules for the First-tier Tribunal Immigration and Asylum Chamber, with radical new features as to the awarding of costs and featuring judicial limitations on the withdrawing of immigration decisions and varying of the grounds for refusal; -The case law on natural justice, rules of evidence, one stop notices, vulnerable witnesses and children; -Judicial review in the Upper Tribunal Immigration and Asylum Chamber; -The new system of Administrative Review under the Immigration Rules; -Identifying challenges based on points of law and preparing and presenting appeals in the Upper Tribunal Immigration and Asylum Chamber; -Appeals under the EEA Regulations and to the Special Immigration Appeals Commission; -Onwards appeals to the Court of Appeal.
Author: Elspeth Guild
Publisher: John Wiley & Sons
Release Date: 2013-04-25
Genre: Political Science
The 21st century has brought new and challenging dimensions to our understanding of security and migration. The old Cold War framework of security as related to war and peace, international relations and foreign affairs has given way to a multiplicity of competing notions, including internal security, human security and even social security. At the same time, migration has become a hotly contested issue, characterised by an enormous difference of views and objectives. So what do we mean by security and migration in the contemporary world? How do these two important fields intersect? And what does this collision of policy concerns and public interests mean for states and individuals alike? In this cutting-edge book, Elspeth Guild seeks to answer these pressing questions, drawing on a wide range of recent examples from the impact of asylum seekers on state border security to identity security in citizenship rules to illustrate her arguments. By approaching the topic from the perspective of the individual - citizen of one state, migrant in another - the book examines key aspects of the security-migration nexus, such as the relationship with refugees; torture; extraordinary rendition; privacy and the retention of personal data; and human rights' protection. The first volume in Polity's new ‘Dimensions of Security' series, this book is a must-read for all students of international politics, development studies and related fields.
Author: David Ngaruri Kenney
Publisher: Univ of California Press
Release Date: 2009-08-17
Genre: Biography & Autobiography
Describes one political refugee's long and difficult struggle through immigration processing, detailing his imprisonment in Kenya, his escape to the U.S., and the ordeal of dealing with a bureaucracy that sought to deport him.
Author: John R. Campbell
Publisher: Taylor & Francis
Release Date: 2016-12
The central concern of this book is to find answers to fundamental questions about the British asylum system and how it operates. Based on ethnographic research over a two-year period, the work follows and analyses numerous asylum appeals through the British courts. It draws on myriad interviews with individuals and a thorough examination of many state and non-state organizations to understand how the system works. While the organization of the book reflects the formal asylum process, a focus on specific legal appeals reveals the ‘political’ factors at play as different institutions and actors seek to influence judicial decision-making and overturn/uphold official asylum policy. The final chapter draws on the author’s ethnographic findings of the UK’s ‘asylum field’ to re-examine research on the Refugee Determination System in the US, Canada and Australia which has narrowly focused on judicial decision-making. It argues that analysis of Refugee Determination Systems must be situated and studied as part of a wider, political, semi-autonomous ‘asylum field’ which needs to be better understood. Providing an in-depth ethnographic study of a national asylum system and of immigration law and practice, the book will be an invaluable resource for academics, researchers and policy-makers in the UK and beyond working in this highly topical area.