State Practice on Interpretation of Legal Status of North Korean Asylum Seekers: a Dilemma between Refugee and Citizen

The Justice ◽  
2021 ◽  
Vol 187 ◽  
pp. 114-153
Author(s):  
Hyokwon KIM
Keyword(s):  
Asylum Seekers ◽  
Legal Status ◽  
State Practice

Eritrean Asylum Seekers’ Lament Ceremonies in Israel as Contested Sites of Identity Formation

2015 ◽  
Vol 8 (2) ◽  
pp. 147-173 ◽  
Author(s):  
Galia Sabar ◽  
Adam Rotbard
Keyword(s):  
Identity Formation ◽  
Asylum Seekers ◽  
Legal Status ◽  
Multiple Identities ◽  
Public Parks ◽  
Transnational Identities ◽  
The Public ◽  
Religious Rituals ◽  
The Public Sphere ◽  
Shed Light

Based on extensive qualitative research, this paper focuses on lament ceremonies Eritrean asylum seekers in Israel performed in public parks in 2008–2014.1 Specifically, we expose social and political structures of this diaspora, including mechanisms of survival in a context of harsh living conditions, a fragile legal status and a hostile environment. Following Werbner’s analysis of diasporas as chaordic entities, having no single representation and fostering multiple identities, we show how chaordicness underlies this diaspora’s ability to survive and thrive in Israel, and to embrace the unique Eritrean trans-local nationalism. We highlight how these public religious rituals were transformed into contested sites of identity formation following Israeli struggles against them. Finally, we shed light on the role that such ceremonies play in shaping transnational identities, as well as how disenfranchised communities of asylum seekers aim for visibility and recognition in the public sphere.

Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures

2020 ◽  
Vol 32 (1) ◽  
pp. 1-27
Author(s):  
Azadeh Dastyari ◽  
Daniel Ghezelbash
Keyword(s):  
United States ◽  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Best Practice ◽  
The United States ◽  
Human Rights Law ◽  
Refugee Status ◽  
State Practice ◽  
International Obligations

Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.

scholarly journals Socio-legal status and experiences of forced labour among asylum seekers and refugees in the UK

2016 ◽  
Vol 32 (3) ◽  
pp. 182-198 ◽  
Author(s):  
Peter Dwyer ◽  
Stuart Hodkinson ◽  
Hannah Lewis ◽  
Louise Waite
Keyword(s):  
Social Welfare ◽  
Immigration Policy ◽  
Empirical Data ◽  
Asylum Seekers ◽  
Legal Status ◽  
Qualitative Interviews ◽  
Forced Labour ◽  
The Uk ◽  
Key Aspects ◽  
Asylum Seekers And Refugees

Socio-legal status determines the differential rights to residence, work and social welfare that accrue to migrants depending on their particular immigration status. This paper presents analysis of original empirical data generated in qualitative interviews with migrants who had both made a claim for asylum and experienced conditions of forced labour in the UK. Following an outline of the divergent socio-legal statuses assigned to individual migrants within the asylum system, early discussions in the paper offer a summary of key aspects and indicators of forced labour. Subsequent sections highlight the significance of socio-legal status in constructing such migrants as inherently vulnerable to severe exploitation. It is concluded that immigration policy and, more particularly, the differential socio-legal statuses that it structures at various stages of the asylum process, helps to create the conditions in which severe exploitation and forced labour are likely to flourish among asylum seekers and refugees in the UK.

The legal status of the Northern Sea Route

Polar Record ◽  
1994 ◽  
Vol 30 (174) ◽  
pp. 193-200 ◽  
Author(s):  
Leonid Timtchenko
Keyword(s):  
Soviet Union ◽  
Legal Status ◽  
Mikhail Gorbachev ◽  
International Convention ◽  
Long Period ◽  
Northern Sea Route ◽  
The Soviet Union ◽  
State Practice

AbstractFor a long period the Northern Sea Route was considered by the Soviet Union as a national seaway closed to foreign shipping. In 1987 Mikhail Gorbachev announced his intention to open the Northern Sea Route for international navigation. In the following years a number of acts were adopted to realise this idea. These documents clarified to a great extent the attitude of the USSR to the sector concept, historic waters, and other aspects of the northern seas. Nevertheless, some uncertainties in the legal status of the Northern Sea Route remain. This article focuses on the doctrinal views, state practice of the USSR and Russia, and prospects of internationalisation of the Northern Sea Route on the basis of international convention.

scholarly journals SECURITIZATION OF SEARCH AND RESCUE AT SEA: THE RESPONSE TO BOAT MIGRATION IN THE MEDITERRANEAN AND OFFSHORE AUSTRALIA

2018 ◽  
Vol 67 (2) ◽  
pp. 315-351 ◽  
Author(s):  
Daniel Ghezelbash ◽  
Violeta Moreno-Lax ◽  
Natalie Klein ◽  
Brian Opeskin
Keyword(s):  
European Union ◽  
Asylum Seekers ◽  
Search And Rescue ◽  
Border Security ◽  
The European Union ◽  
Legal Regime ◽  
Common Trends ◽  
Unique Challenge ◽  
State Practice ◽  
The Mediterranean

AbstractThis article compares the law and practice of the European Union and Australia in respect to the search and rescue (SAR) of boat migrants, concluding that the response to individuals in peril at sea in both jurisdictions is becoming increasingly securitized. This has led to the humanitarian purpose of SAR being compromised in the name of border security. Part I contrasts the unique challenge posed by SAR operations involving migrants and asylum seekers, as opposed to other people in distress at sea. Part II analyses the relevant international legal regime governing SAR activities and its operation among European States and in offshore Australia. Part III introduces the securitization framework as the explanatory paradigm for shifting State practice and its impact in Europe and Australia. It then examines the consequences of increasing securitization of SAR in both jurisdictions and identifies common trends, including an increase in militarization and criminalization, a lack of transparency and accountability, developments relating to disembarkation andnon-refoulement, and challenges relating to cooperation and commodification.

scholarly journals Caring for family members with impairments and chronic illnesses. Young carers and young adult carers in asylum seeking and refugee families in the UK

2020 ◽  
Vol 35 (2-3) ◽  
Author(s):  
Guðbjörg Ottósdóttir
Keyword(s):  
Young Adults ◽  
Asylum Seekers ◽  
Legal Status ◽  
Family Care ◽  
Young Carers ◽  
Transitions To Adulthood ◽  
Refugee Families ◽  
Children And Young Adults ◽  
Legal Contexts ◽  
The Uk

Research on disability and family care practices in families of refugee and asylum seekers are rare butsuggest that due to poor support contexts, children and young adults may be drawn into providing significant care which negatively impacts on their lives (Evans 2011). This article discusses experiences ofchildren and young adults in providing care to disabled parents who participated in a qualitative PhDstudy in the UK on experiences of disabled asylum seekers and refugees with disability and care. Children and young adults were found to face significant challenges in combining caring with their ownneeds, including their education, friendships and making transitions to adulthood. However, they heldonto their aspirations despite the obstacles of caring, poverty and legal status. They ‘navigated theirsocial becoming’ within their constraining socio-economic and legal contexts, both because of theircaring responsibilities and prolonged periods of their families’ lack of entitlements and rights. The findings highlight the importance that research and policy engage with specific needs of children and youngadults in caring roles in families of asylum seeking and refugee background living with impairmentsand chronic illness.

scholarly journals The Story of Yaser Abdulla

2019 ◽  
Author(s):  
Mya Guarnieri Jaradat
Keyword(s):  
Asylum Seeker ◽  
Asylum Seekers ◽  
Legal Status ◽  
The State ◽  
Entire Population

The 33,000 African asylum seekers currently residing in Israel face a lack of legal status and receive no services from the state. The entire population is under pressure but those who have faced torture in the Sinai desert en route to Israel struggle with additional problems and have nowhere to turn for help. The story of Yaser Abdulla – an asylum seeker from Darfur who was tortured by Bedouin traffickers in the Sinai – illuminates the circumstances that pushed asylum seekers from their home, what they encounter on their way, and the situation they grapple with inside of Israel.

scholarly journals International Migration amid a World in Crisis

2020 ◽  
Vol 8 (3) ◽  
pp. 230-245
Author(s):  
Joseph Chamie
Keyword(s):  
International Migration ◽  
Asylum Seekers ◽  
Large Scale ◽  
Legal Status ◽  
International Community ◽  
Executive Summary ◽  
International Agencies ◽  
National Border ◽  
Refugees And Asylum Seekers ◽  
Push And Pull

Executive Summary This article comprehensively examines international migration trends and policies in light of the coronavirus disease 2019 (COVID-19) pandemic. It begins by reviewing migration developments throughout the past 60 years. It then examines pandemic-related migration trends and policies. It concludes with a series of general observations and insights that should guide local, national, regional, and international policymakers, moving forward. In particular, it proposes the following: National measures to combat COVID-19 should include international migrants, irrespective of their legal status, and should complement regional and international responses. Localities, nations, and the international community should prioritize the safe return and reintegration of migrants. States and international agencies should plan for the gradual re-emergence of large-scale migration based on traditional push and pull forces once a COVID-19 vaccine is widely available. States should redouble their efforts to reconcile national border security concerns and the basic human rights of migrants, refugees, and asylum seekers. States and the international community should accelerate their efforts to address climate-related migration. States of origin, transit, and destination should directly address the challenges of international migration and not minimize them.

scholarly journals Reimagining Asylum: Religious Narratives and the Moral Obligation to the Asylum Seeker

Refuge ◽  
2013 ◽  
Vol 29 (1) ◽  
pp. 121-129
Author(s):  
Silas W. Allard
Keyword(s):  
Moral Obligation ◽  
Asylum Seeker ◽  
Moral Agency ◽  
Asylum Seekers ◽  
Legal Status ◽  
The United States ◽  
Complex Interplay ◽  
Asylum Policy ◽  
External Forces ◽  
Moral Demand

The narrative that grounds the asylum policy of the United States portrays asylum seekers as passive objects of external forces. This narrative emerges from the complex interplay of exceptionality and victimization that characterizes the legal status and popular perception of the refugee. It is then read back onto the asylum seeker through a supereroga- tory asylum policy that is unable to recognize the moral demand made by the asylum seeker. The project this essay is drawn from seeks to challenge the policy of asylum as charity by interrogating alternative narratives grounded in the Hebrew Bible story of the Exodus and the Qu’ranic story of the Hijra. In these narratives, flight from oppression is portrayed as an act of moral agency, and the asylum seeker’s capacity as Other to make a moral demand on the Self emerges. Thus, I argue that an asylum policy informed by these alternative narratives needs must question its supererogatory assumptions.

scholarly journals Life satisfaction of refugees living in Germany

2021 ◽  
pp. 97-102
Author(s):  
Daria Mendola ◽  
Anna Maria Parroco
Keyword(s):  
Quality Of Life ◽  
Life Satisfaction ◽  
Asylum Seekers ◽  
Legal Status ◽  
Policy Design ◽  
Living Arrangement ◽  
Perceived Quality Of Life ◽  
Ordinal Regression Model ◽  
Refugees And Asylum Seekers

Since 2015, Germany has been hosting noticeable incoming flows of refugees and asylum seekers, leading, in 2020, the ranking of European countries and being the fifth in the world ranking for the number of hosted refugees. Despite the quality of life of refugees is expected to be improved in the aftermath of their arrival to Germany, refugees are still facing several problems of integration and economic deprivation (e.g., about 90% are unemployed). Hence, it is a worthwhile exercise to study how satisfied they are with their present life. Using a sample of 3,408 individuals from the German IAB-BAMF-SOEP Survey of Refugees (regarding refugees and asylum seekers who came to the country between January 2013 and January 2016), we present some preliminary analyses on the life satisfaction (LS) of these vulnerable individuals. Particularly, satisfaction levels were arranged by quartile and an ordinal regression model was estimated to focus on the association among levels of LS and main socio-demographic characteristics. Syrians experience worst perceived quality of life (LS), such as older and higher educated people, other things being equal. Uncertainty, due to their legal status or to lesser support received by law, may explain that those with dismissed or pending asylum application are less satisfied than refugees. Family arrangements, as expected, has an impact, other things being equal, on the overall life satisfaction: the higher the number of co-residing household members the higher the LS; cohabiting partner of spouse affect positively LS. Noticeably, LS is positively associated with satisfaction in specific domains such as health, privacy in the current living arrangement, and neighbourhood safety. Interesting insights come out for policy design.

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