Asylum Denied

Asylum Denied PDF

Author: David Ngaruri Kenney

Publisher: Univ of California Press

Published: 2009-08-17

Total Pages: 360

ISBN-13: 0520261593

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This book, told by Kenney and his lawyer Philip G. Schrag from Kenney's own perspective, tells of his near-murder, imprisonment, and torture in Kenya; his remarkable escape to the United States; and the obstacle course of ordeals and proceedings he faced as U.S. government agencies sought to deport him to Kenya. As we travel with Kenney through the bureaucracies that regulate immigration, we learn that despite this country's claim to welcome political refugees, our system is too often one of arbitrary justice highly dependent on individual public officials. A story of courage, love, perseverance, and legal strategy, Asylum Denied brings to life the human costs associated with our immigration laws and suggests policy reforms that are desperately needed to help other victims of human rights violations.

Asylum - A Right Denied

Asylum - A Right Denied PDF

Author: Helen O'Nions

Publisher: Routledge

Published: 2016-04-15

Total Pages: 270

ISBN-13: 1317177762

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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.

The Asylum Filing Deadline

The Asylum Filing Deadline PDF

Author: Human Rights First

Publisher:

Published: 2010-09

Total Pages: 60

ISBN-13: 9780984366439

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This report calls on Congress to eliminate a technical asylum filing deadline in U.S. law that has barred thousands of legitimate refugees with well-founded fears of persecution from receiving asylum in the United States. The report finds that in the 12 years since the provision took effect, more than 53,400 asylum applications have been rejected, denied or delayed based on the deadline and many of these cases have been pushed unnecessarily into the already overstretched immigration court system. The report uses real case examples and Human Rights First's own refugee representation experience to demonstrate the harmful effects of the provision. That provision has consistently denied asylum to persecuted individuals in ways that are inconsistent with the nation's leadership in protecting victims of political, religious and other forms of persecution and has caused inefficiencies and delays in the asylum system and diverted significant governmental resources.

The Arc of Protection

The Arc of Protection PDF

Author: T. Alexander Aleinikoff

Publisher: Stanford University Press

Published: 2019-10-01

Total Pages: 129

ISBN-13: 1503611426

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The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.

Is this America? The Denial of Due Process to Asylum Seekers in the United States

Is this America? The Denial of Due Process to Asylum Seekers in the United States PDF

Author: Lawyers Committee for Human Rights

Publisher:

Published: 2000

Total Pages: 94

ISBN-13:

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Since 400 years ago, the United States has served as a refuge for those fleeing persecution. After World War II, when America and so many other nations failed to protect many refugees from Nazi persecution, the United States led the effort to establish universally recognized human rights, including "the right to seek and enjoy in other countries asylum from persecution". Althought these international principles did not require countries to grant asylum, countries were prohibited from returning refugees to places where they would face persecution. Changes to American immigration law passed by Congress in 1996 have severely underminded the ability of genuine refugees to seek asylum here and have led to the mistaken return of refugees facing persecution in their home countries. Before these changes, American law largely honored its obligation to give refugees a fair opportunity to present an asylum claim and its obligation not to return legitimate refugees back to their persecutors. But under the new system of "expedited removal", a uniformed enforcement officer of the Immigration and Naturalizaton Service (INS) - as opposed to a specially trained immigration judge - can turn a refugee back at the airport or border crossing without due process and without meaningful review. The proceedings are conducted so swiftly that mistakes are inevitable, and those who are removed are barred from reentering the United States for five years. (Adapted from the executive summary and recommendations).

Discrimination and Delegation

Discrimination and Delegation PDF

Author: Lamis Elmy Abdelaaty

Publisher: Oxford University Press

Published: 2021-01-22

Total Pages: 253

ISBN-13: 0197530087

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What explains the variety of responses that states adopt toward different refugee groups? Refugees might be granted protection or turned away; they might be permitted to live where they wish and earn an income, pursue education, and access medical treatment; or, they might be confined to a camp and forced to rely on aid while being denied basic services. However, states do not consistently wield their capacity for control, nor do they jealously guard their authority to regulate. In this book, Lamis Elmy Abdelaaty asks why states sometimes assert their sovereignty vis-à-vis refugee rights and at other times seemingly cede it by delegating refugee oversight to the United Nations. To explain this selective exercise of sovereignty, Abdelaaty develops a two-part theoretical framework in which policymakers in refugee-receiving countries weigh international and domestic concerns. Policymakers in a receiving country might decide to offer protection to refugees from a rival country in order to undermine the sending country's stability, saddle it with reputation costs, and even engage in guerilla-style cross-border attacks. At the domestic level, policymakers consider political competition among ethnic groups--welcoming refugees who are ethnic kin of citizens can satisfy domestic constituencies, expand the base of support for the government, and encourage mobilization along ethnic lines. When these international and domestic incentives conflict, the state shifts responsibility for refugees to the UN, which allows policymakers to placate both refugee-sending countries and domestic constituencies. Abdelaaty analyzes asylum admissions worldwide, and then examines three case studies in-depth: Egypt (a country that is broadly representative of most refugee recipients), Turkey (an outlier that has limited the geographic application of the Refugee Convention), and Kenya (home to one of the largest refugee populations in the world). Discrimination and Delegation argues that foreign policy and ethnic identity, more so than resources, humanitarianism, or labor skills, shape reactions to refugees.

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