scholarly journals Refugees and asylum seekers in Portugal: an assessment and the case of LGBTI individuals

2018 ◽  
Author(s):  
Nuno Ferreira
Keyword(s):  
Asylum Seekers ◽  
Legal Framework ◽  
Legal Scholarship ◽  
Academic Literature ◽  
Refugee Law ◽  
Migration History ◽  
Short Piece ◽  
Refugees And Asylum Seekers ◽  
Asylum Seekers And Refugees

Portugal’s migration history has been extensively explored in academic literature, including in legal scholarship. Yet, very little attention has so far been directed towards Portuguese refugee law. This may be due to the relatively low number of asylum seekers that Portugal receives, but that does not justify neglecting the study of the Portuguese socio-legal framework applicable to asylum seekers and refugees. This short piece summarises the findings of an article that addresses this gap by analyzing the framework in a European context, enhancing the analysis with a case study of lesbian, gay, bisexual, transsexual, and intersex (LGBTI) asylum seekers. The analysis explores the evolution of the current legal framework, the procedures and remedies available to asylum seekers, the substantive standards applied in decision-making, and the broader socio-legal resources offered to asylum seekers. Several shortcomings and possible avenues of improvement are also identified.

scholarly journals Portuguese refugee law in the European context: the case of sexuality-based claims

2018 ◽  
Author(s):  
Nuno Ferreira
Keyword(s):  
Decision Making ◽  
Asylum Seekers ◽  
Legal Framework ◽  
Legal Scholarship ◽  
Academic Literature ◽  
European Context ◽  
Refugee Law ◽  
Migration History ◽  
Asylum Seekers And Refugees

Portugal’s migration history has been extensively explored in academic literature, including in legal scholarship. Yet, very little attention has so far been directed towards Portuguese refugee law. This may be due to the relatively low number of asylum seekers that Portugal receives, but that does not justify neglecting the study of the Portuguese socio-legal framework applicable to asylum seekers and refugees. This article addresses this gap by analyzing the framework in a European context, enhancing the analysis with a case study of lesbian, gay, bisexual, transsexual, and intersex (LGBTI) asylum seekers. The analysis explores the evolution of the current legal framework, the procedures and remedies available to asylum seekers, the substantive standards applied in decision-making, and the broader socio-legal resources offered to asylum seekers. Several shortcomings and possible avenues of improvement are also identified.

scholarly journals Offshore Processing of Asylum Seekers – Is Australia Complying With Its International Legal Obligations

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Lisa Jane Archbold
Keyword(s):  
Papua New Guinea ◽  
Asylum Seekers ◽  
New Guinea ◽  
Legal Framework ◽  
Legal Obligations ◽  
The People ◽  
Strong Deterrent ◽  
Refugees And Asylum Seekers ◽  
Asylum Seekers And Refugees

<em>Australia has a number of international legal obligations in relation to asylum seekers and refugees. In the scheme of things, the number of asylum seekers and refugees who attempt to reach Australia by sea without a valid visa is relatively small. Since 2012, Australia has restored its legal framework of processing asylum seekers and refugees who arrive by sea offshore in Papua New Guinea and Nauru. There are a number of concerns with the treatment of asylum seekers and refugees at these offshore processing centres, highlighting concerns Australia is not complying with its international legal obligations. The primary justification of the current policies has been that a strong deterrent is required to deter the people-smuggling trade. However, the deterrent justification lacks evidence to support it, and is unable to justify breaches of some of the most fundamental obligations owed to refugees and asylum seekers.</em>

scholarly journals A Proposal for Malaysia’s Asylum Act

2021 ◽  
Vol 1 (1) ◽  
pp. 63-81
Author(s):  
Hench Goh ◽  
James Leong ◽  
Adam Haris Othman ◽  
Yee Ching Kho ◽  
Chung Yin Wong
Keyword(s):  
Asylum Seekers ◽  
Legal Framework ◽  
International Protection ◽  
Practical Solution ◽  
Legal Principles ◽  
The Government ◽  
The Right ◽  
Refugees And Asylum Seekers ◽  
Asylum Seekers And Refugees ◽  
Poor Management

Asylum is granted to people in search for international protection from persecution or serious harm in their own country. The right to asylum for refugees in Malaysia is far from realization and in dire need of a practical solution. Due to the lack of a proper enactment of Asylum Act, asylum seekers are to deal with denial of basic rights. Asylum seekers are also denied of education and healthcare due to high cost since these are not provided by the government. This article discusses the need for a proper enactment of Asylum Act in Malaysia in relation to the rising numbers of asylum seekers and refugees in the country. In this research, a comparative analysis between Malaysia’s existing laws dealing with asylum and the law of Australia, United Kingdom, Indonesia, and European Union was carried out. It was found that these countries have developed their legal framework for asylum considerably and could legally accommodate the influx of refugees into their respective countries, in contrast to Malaysia’s increasingly poor management of the refugees and asylum-seekers. The study suggests the possibility for the adoption of recommended legal principles from those countries into the proposed Malaysian Asylum Act.

scholarly journals Unfolding Africa's Impact on the Development of International Refugee Law

2021 ◽  
pp. 1-25
Author(s):  
Sara Palacios-Arapiles
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Legal Framework ◽  
Refugee Convention ◽  
Refugee Law ◽  
International Refugee Law ◽  
Refugees And Asylum Seekers

Abstract This article traces the contributions of African states to the development of international refugee law and explores the role African human rights supervisory bodies have played in the interpretation and application of this field of law. While Africa's contributions to international refugee law are often overlooked, this article sets out to identify Africa's involvement in the drafting process of the UN Refugee Convention and its 1967 Protocol. It also explores the legal framework for refugees in Africa, in particular the OAU Refugee Convention and the Bangkok Principles on Status and Treatment of Refugees, and the extent to which these two instruments have enriched international refugee law. The article argues that some of their provisions may provide evidence of customary rules of international law. Lastly, it examines some of the authoritative pronouncements made by African human rights supervisory bodies, in so far as they adopt a progressive approach to interpreting the rights of refugees and asylum-seekers.

The Importance of Convention Status: A Case Study of the UK

2001 ◽  
Vol 6 (1) ◽  
pp. 15-24 ◽  
Author(s):  
Alice Bloch
Keyword(s):  
Asylum Seekers ◽  
Economic Rights ◽  
The United Kingdom ◽  
The Social ◽  
The Status ◽  
The Uk ◽  
Refugees And Asylum Seekers ◽  
Social And Economic Rights

Convention status accords refugees social and economic rights and security of residence in European countries of asylum. However, the trend in Europe has been to prevent asylum seekers reaching its borders, to reduce the rights of asylum seekers in countries of asylum and to use temporary protection as a means of circumventing the responsibility of long-term resettlement. This paper will provide a case study of the United Kingdom. It will examine the social and economic rights afforded to different statuses in the areas of social security, housing, employment and family reunion. It will explore the interaction of social and economic rights and security of residence on the experiences of those seeking protection. Drawing on responses to the crisis in Kosovo and on data from a survey of 180 refugees and asylum seekers in London it will show the importance of Convention status and the rights and security the status brings.

Refugee and asylum seekers’ experiences

2021 ◽  
pp. 281-290
Author(s):  
Rachel Tribe ◽  
Angelina Jalonen
Keyword(s):  
Mental Health ◽  
Coping Strategies ◽  
Lived Experience ◽  
Case Studies ◽  
Asylum Seekers ◽  
Meaning Making ◽  
Service Users ◽  
And Coping ◽  
Refugees And Asylum Seekers ◽  
Asylum Seekers And Refugees

This chapter reviews the socio-political environment and legal factors that provide the context and influence the lived experience of many refugees and asylum seekers. These factors are considered in relation to flight, arrival, and settlement in a new country. How these contextual factors may impact upon refugees and asylum seekers, their sense of identity, and mental health will be reviewed. The chapter reflects upon the possible challenges faced by many refugees and asylum seekers, as well as arguing that the strengths, resilience, and coping strategies that many asylum seekers and refugees exhibit need to be adequately considered by clinicians, if a meaningful service is to be provided. The importance of clinicians being culturally curious and listening to service users’ meaning-making is vital. An overview of some other issues that clinicians may need to consider is provided. The chapter contains a number of case studies to illustrate the related issues.

Regimes of voice and visibility in the refugeescape

2019 ◽  
Vol 5 (2) ◽  
pp. 142-159 ◽  
Author(s):  
Máiréad Moriarty
Keyword(s):  
Social Exclusion ◽  
Host Country ◽  
Asylum Seekers ◽  
Semiotic Mediation ◽  
Landscape Studies ◽  
Refugees And Asylum Seekers

Abstract This paper proposes refugeescapes as a framework for expanding the focus of semiotic landscape studies by centering migration, inequality, and social exclusion. In so doing, the article adds to the work of Mpendukana and Stroud (2018) and Kerfoot and Hytlenstam (2017) in uncovering how place is structured by issues of affect, voice, and visibility. In my paper, I turn to a case study of the spatializing practices of refugees and asylum seekers in Ireland, and the ways they counteract the mainstream semiotic mediation of their experiences. In particular, I focus on the semiotic landscapes of transgressive intent where asylum seekers address mistreatment in their host country. By examining material produced by refugees and asylum seekers themselves, my paper demonstrates how enclosed spaces are a methodological venue for the field, while arguing also for a more thorough engagement with the theory and politics of visibility/voice.

scholarly journals Access to Non-Communicable Disease (NCD) Services Among Urban Refugees and Asylum Seekers, Relative to the Thai Population, 2019: A Case Study in Bangkok, Thailand

2021 ◽  
Vol Volume 14 ◽  
pp. 3423-3433 ◽  
Author(s):  
Mathudara Phaiyarom ◽  
Hathairat Kosiyaporn ◽  
Nareerut Pudpong ◽  
Pigunkaew Sinam ◽  
Rapeepong Suphanchaimat ◽  
...  
Keyword(s):  
Asylum Seekers ◽  
Communicable Disease ◽  
Thai Population ◽  
Urban Refugees ◽  
Refugees And Asylum Seekers ◽  
Non Communicable Disease

Refugee Law At Sea

2004 ◽  
Vol 53 (1) ◽  
pp. 47-77 ◽  
Author(s):  
Richard Barnes
Keyword(s):  
Coastal Waters ◽  
Asylum Seekers ◽  
Law Of The Sea ◽  
Legal Norms ◽  
Christmas Island ◽  
Refugee Law ◽  
Sharp Focus ◽  
Legal Obligations ◽  
The Law ◽  
Refugees And Asylum Seekers

Coping with refugees arriving by sea is a problem that has existed for a number of years.1 Throughout this period the crux of the matter has remained the same, reconciling the humanitarian plight of refugees and asylum-seekers with the destination States' concerns about illegal immigration, mass migrations of people, and the costs of asylum. The boarding of the Tampa by Australian SAS troops in August 2001, in order to prevent the disembarkation of 433 asylum-seekers on Christmas Island, has once again brought into sharp focus the acute tension created between competing legal norms, and between moral and legal considerations. What are the rights of vessels and people in distress under the 1982 Convention on the Law of the Sea and other maritime agreements? How do commercial considerations affect the obligation to assist those in distress at sea? What are the rights of refugees under the 1951 Refugee Convention and other human rights instruments? What are the powers of a coastal State to protect itself from threats to national security in its coastal waters? This article examines the legal obligations incumbent upon coastal States and flag States in respect of asylum-seekers rescued at sea and seeks to answer these questions. It goes on to suggest that the law in respect of search, rescue, and refuge is highly unsatisfactory because a number of key obligations are poorly defined and inadequately implemented. It alsoseems clear that insufficient weight is given to humanitarian considerations. Finally, consideration is given to possible solutions to the problem.

scholarly journals The expected well-being of urban refugees and asylum-seekers in Johannesburg

2016 ◽  
Vol 19 (2) ◽  
pp. 232-248 ◽  
Author(s):  
Talita Greyling
Keyword(s):  
South Africa ◽  
Asylum Seekers ◽  
Well Being ◽  
Subjective Well Being ◽  
Refugee Status ◽  
Urban Refugees ◽  
Number Of Factors ◽  
Forced Migrants ◽  
Refugees And Asylum Seekers ◽  
Asylum Seekers And Refugees

The influx of asylum-seekers and refugees from across Africa into democratic South Africa has increased significantly. The aim of this paper is to determine the factors that influences the expect well-being of this unique group. Expected well-being is an important determinant of both the decision to migrate and the choice of a country of destination. Knowledge about this determinant therefore informs refugee policies. The results show that only a few of the factors found in the literature explaining the expected well-being of voluntary migrants also explain the expected well-being of forced migrants. However, a number of factors found in the literature that explain the subjective well-being and well-being in general of refugees and asylum-seekers also went towards explaining the expected well-being of this group. These factors include: government assistance, culture, the time spent in South Africa, economic factors, crime, refugee status, reasons for leaving the home countries and the number of people staying in a house in the receiving country. The findings of this study emphasise the differences between forced and voluntary migrants and highlight the factors that influence the expected well-being of forced migrants. These in turn shed light on migration decisions and the choice of destination countries.

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