Inadmissibility on security-related grounds under Section 34(1)(f) of the Immigration and Refugee Protection Act

Author(s):  
Warda Shazadi Meighen ◽  
Steven Blakey
Keyword(s):  
Author(s):  
Marina Sharpe

This introductory chapter begins by presenting the book’s structure in section A. Section B then delineates the book’s contours, outlining four aspects of refugee protection in Africa that are not addressed. Section C provides context, with a contemporary overview of the state of refugee protection in Africa. It also looks at the major aspects of the refugee situations in each of Africa’s principal geographic sub-regions: East Africa (including the Horn of Africa), Central Africa and the Great Lakes, West Africa, Southern Africa, and North Africa. Section D then concludes with an outline of the theoretical approach to regime relationships employed throughout the book.


Author(s):  
Marina Sharpe

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part I analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, and the 1981 African Charter on Human and Peoples’ Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Convention’s drafting, an interpretation of its unique refugee definition, and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and relationships of interpretation between the two refugee instruments, as well as to the relationships of conflict and of interpretation between the African Refugee Convention and African Charter. Part II focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples’ Rights, and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.


2017 ◽  
Vol 5 (2) ◽  
pp. 379-400 ◽  
Author(s):  
Brad Blitz

The global reaction to US President Donald Trump's executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States” of January 27, 2017,1 revealed great public sympathy for the fate of refugees and the principle of refugee protection. In the case of Europe, such sympathy has, however, been dismissed by politicians who have read concerns regarding security and integration as reason for introducing restrictive policies on asylum and humanitarian assistance. These policies are at odds with public sentiment. Drawing upon public opinion surveys conducted by Amnesty International, the European Social Survey (ESS), and Pew Global Attitudes Survey across the European Union and neighboring states, this article records a marked divide between public attitudes towards the treatment of refugees and asylum seekers and official policies regarding asylum and humanitarian assistance, and seeks to understand why this is the case. The article suggests that post-9/11 there has been a reconfiguration of refugee policy and a reconnecting of humanitarian and security interests which has enabled a discourse antithetical to the universal right to asylum. It offers five possible explanations for this trend: i) fears over cultural antagonism in host countries; ii) the conflation of refugees and immigrants, both those deemed economically advantageous as well as those labelled as “illegal”; iii) dominance of human capital thinking; iv) foreign policy justification; and v) the normalization of border controls. The main conclusion is that in a post-post-Cold War era characterized in part by the reconnecting of security and humanitarian policy, European governments have developed restrictive policies despite public sympathy. Support for the admission of refugees is not, however, unqualified, and most states and European populations prefer skilled populations that can be easily assimilated. In order to achieve greater protection and more open policies, this article recommends human rights actors work with the United Nations High Commissioner for Refugees (UNHCR) and its partners to challenge the above discourse through media campaigns and grassroots messaging. Further recommendations include: • Challenging efforts to normalize and drawing attention to the extreme and unprecedented activities of illegal and inhumane practices, e.g., detention, offshore processing, and the separation of families through the courts as part of a coordinated information campaign to present a counter moral argument. • Identifying how restrictive asylum policies fail to advance foreign policy interests and are contrary to international law. • Evidencing persecution by sharing information with the press and government agencies on the nature of claims by those currently considered ineligible for refugee protection as part of a wider campaign of information and inclusion. • Engaging with minority, and in particular Muslim, communities to redress public concerns regarding the possibility of cultural integration in the host country. • Clarifying the rights of refugees and migrants in line with the UNHCR and International Organization for Migration (IOM) guidelines and European and national law in order to hold governments to account and to ensure that all — irrespective of their skills, status, nationality or religion — are given the opportunity to seek asylum. • Identifying and promoting leadership among states and regional bodies to advance the rights of refugees.


2021 ◽  
pp. 146511652110068
Author(s):  
Anne-Marie Jeannet ◽  
Tobias Heidland ◽  
Martin Ruhs

The protection of asylum seekers and refugees has become one of the most politically divisive issues in the European Union, yet there has been a lack of research on public preferences for asylum and refugee policies. This article analyzes which policies Europeans prefer and why. We advance a theoretical framework that explains how asylum and refugee policies that use limits and conditions enable individuals to resolve conflicting humanitarian and perceived national interest logics. Using an original conjoint experiment in eight countries, we demonstrate that Europeans prefer policies that provide refugee protection but also impose control through limits or conditions. In contrast to the divisive political debates between European Union member states, we find consistent public preferences across European countries.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.


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