Combining up - to - date case law, cutting edge legal arguments on currently developing issues and decades of expertise from accomplished practitioners who have successfully represented clients through the years, Essentials
of Asylum Law offers an expansive explanation of the legal theories and rules underpinning current asylum claims.
«The Essentials
of Asylum Law is an incredible resource that has provided attorneys in our pro bono law clinic with so much practical information and knowledge; it has made answering even the most complicated client questions a breeze.»
The third edition of this comprehensive survey of the basic elements
of asylum law now includes a thorough overview of asylum procedure, complete with practice tips for preparing asylum claims for unaccompanied minors.
A Deputy Judge of the Upper Tribunal and a fellow of the Refugee Law Initiative at the Institute of Advanced Studies, Mark is co-author
of Asylum Law and Practice — «encyclopaedic... pre-eminent» according to one Supreme Court judge, and co-author of Immigration Appeals and Remedies Handbook --(«invaluable... to the armoury of all... a compulsory addition to the library of every immigration judge and practitioner»: President of the Upper Tribunal Mr Justice McCloskey).
However, a meaningful insulation
of asylum law from criminal law is impossible to maintain in practice and it is inevitable that the exclusion clause is closely connected with counter-terrorism law.
This is the main reason why this is a huge judgment in the field
of asylum law: it goes into the concept of persecution, and the role that human rights play in defining the refugee.
Not exact matches
The Trudeau government has been looking for solutions to the challenge
of northbound
asylum seekers, but condoning this particular idea would be a grotesque way
of accomplishing that for any country that respects international
law and the principle
of refugee protection.
We civilized men... do our utmost to check the process
of elimination; we build
asylums for the imbecile, the maimed, and the sick; we institute poor
laws; and our medical men exert their utmost skill to save the life
of everyone to the last moment....
But traditionally,
law enforcement officials have abided by a sort
of unspoken code about houses
of worship offering
asylum.
Finland announced a plan to deport 20,000
of the 32,000 migrants it took in last year, and Germany proposed a
law that would speed up the
asylum process, streamline deportation, and make protected refugees wait two years before bringing their families to join them.
Israel has a
law which allows for most Jewish people to immigrate, regardeless
of their
asylum status.
He also rightly pointed out that the principle
of «diplomatic
asylum», while recognized by Latin American states in a treaty from the 1950s, is not established as a general principle
of international
law.
There is a disconnect between
law and practice whereby the EU is continually reforming the Common European
Asylum System (CEAS) but seems incapable
of implementing it.
In November 2008, Woolas attacked lawyers and charities working on behalf
of asylum seekers, accusing them
of undermining the
law and «playing the system» by taking legal action.
Saturday, July 02, 2011 in Civil liberties, Compassionate conservatism, ConservativeHome Members» Panel, Economic policy, Education, Energy, Environment, Foreign affairs, Health, Immigration and
asylum, International development,
Law and order, Local government and local elections, Localism, Pensions and retirement, Quality
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Saturday, July 02, 2011 in Civil liberties, Compassionate conservatism, ConservativeHome Members» Panel, Economic policy, Education, Energy, Environment, Foreign affairs, Health, Immigration and
asylum, International development,
Law and order, Local government and local elections, Localism, Pensions and retirement, Quality
of life, Tax and spending, Transport, Welfare reform Permalink Comments (74)
The EU's
asylum laws were designed in the 1990s to handle small numbers
of people.
The lunatics are running the
asylum — and they all believe in the First
Law of Thermodynamics.
The project has brought together volunteer researchers from all around the world with aim to conduct 28 reports regarding the situation
of refugees, the
asylum system and national
laws in 28 member - states
of the EU.
South Africa's
asylum law is an
asylum policy based on self - settlement / integration and self - sufficiency.9 It has been praised by the UNHCR as one
of the most progressive in the world.
(
Asylum seekers who turn themselves in at a point of entry and request asylum, the procedure outlined by international treaty, break no
Asylum seekers who turn themselves in at a point
of entry and request
asylum, the procedure outlined by international treaty, break no
asylum, the procedure outlined by international treaty, break no
laws.)
In this post on EU
asylum law, Louis takes the occasion
of a Dutch court referring this exact question to the CJEU to introduce us to the difficulties and pitfalls
of verification
of the sexual orientation
of asylum seekers before national authorities.
The Court further pointed out that as «the duration
of an
asylum procedure may be relevant and that, in particular in periods
of substantial surges in applications for international protection, the time laid down by EU
law are often exceed it» making the right to family reunification depend upon the moment when the
asylum procedure is closed would de facto have the effect
of nullifying that right and the protection under Article 10 (3)(a)(para 57).
After a fitful start, the EU has become a major actor in the area
of criminal
law, and in particular anti-terrorist
law, on the one hand and in
asylum law on the other.
The decision is a victory for refugee protection and international criminal responsibility as well as for Canadian principles
of asylum, criminal
law, and fundamental justice.
Amy boasts impressive credentials, including participating in the WVU Immigration
Law Clinic, where she assisted multiple clients in obtaining political
asylum, and a successful appeal through the Seventh Federal Circuit Court
of Appeals.
Projects run the spectrum
of legal work from representing voting rights organizations and individual voters in federal and state courts, immigration and
asylum efforts assisting detainees and victims
of domestic violence to partnering with commercial clients» in - house counsel on naturalization and consumer
law projects, and collaborating with a non-profit to advise their grant recipients on topics including contracts, corporate governance, and tax issues.
Those surveyed came from Citizens Advice,
law centres, legal aid, National Offender Management Services, Ministry
of Justice, Crown Prosecution Service, HMCTS, HM Prison Service, CAFCASS, Office
of the Public Guardian, Probation and Youth Justice, as well as various courts ranging from the Immigration and
Asylum Chamber to the Crown Court.
While in
law school, Irene participated in the Human Rights &
Asylum Clinic and completed legal externships for judges
of the Connecticut Superior Court and at The Hartford.
During
law school, Erick helped families apply for
asylum, interned with the ACLU
of Montana and served on its board, worked on consumer protection issues with Montana's Office
of Consumer Protection, and worked as an Agricultural Worker outreach intern with MLSA.
Well, there exist various networks; formal networks, less formal networks, I believe there is a network for national judges in
asylum cases; in administrative
law there is an important network called ACA which is run officially by the Belgian Council
of State; there is a network
of competition
law judges.
Immigration and
asylum law is a key area where the Executive branch
of government has extensive and far reaching powers that allows drastic interference in the private and family lives
of citizens.
However, though national authorities and courts
of all Member States
of the EU are still bound by the ECHR and other relevant international
law when applying national immigration and
asylum law, their scope
of application may not reach as far as the Charter would have reached, and at present is regarded as applicable to potential applicants for international protection that have not yet entered the territories
of the states bound by them.
Maarten currently works as a postdoctoral researcher at Bielefeld University on a project about quantification in the public sector, and is a member
of the Meijers Committee, an expert body on EU migration,
asylum, criminal, and institutional
law.
Kristen Martin
of Whittier
Law School teaches an international law section that is intended to support the school's Center for International and Comparative Law.83 Tom Cobb at the University of Washington School of Law has taught an asylum law elective practicum within the first - year LRW program that encompasses research on international human rights norms and laws of other countries.84 Syracuse University College of Law has two LRW sections with an international law focus.85 The students work on an international human rights issue in addition to a traditional domestic brief problem during the spring semester
Law School teaches an international
law section that is intended to support the school's Center for International and Comparative Law.83 Tom Cobb at the University of Washington School of Law has taught an asylum law elective practicum within the first - year LRW program that encompasses research on international human rights norms and laws of other countries.84 Syracuse University College of Law has two LRW sections with an international law focus.85 The students work on an international human rights issue in addition to a traditional domestic brief problem during the spring semester
law section that is intended to support the school's Center for International and Comparative
Law.83 Tom Cobb at the University of Washington School of Law has taught an asylum law elective practicum within the first - year LRW program that encompasses research on international human rights norms and laws of other countries.84 Syracuse University College of Law has two LRW sections with an international law focus.85 The students work on an international human rights issue in addition to a traditional domestic brief problem during the spring semester
Law.83 Tom Cobb at the University
of Washington School
of Law has taught an asylum law elective practicum within the first - year LRW program that encompasses research on international human rights norms and laws of other countries.84 Syracuse University College of Law has two LRW sections with an international law focus.85 The students work on an international human rights issue in addition to a traditional domestic brief problem during the spring semester
Law has taught an
asylum law elective practicum within the first - year LRW program that encompasses research on international human rights norms and laws of other countries.84 Syracuse University College of Law has two LRW sections with an international law focus.85 The students work on an international human rights issue in addition to a traditional domestic brief problem during the spring semester
law elective practicum within the first - year LRW program that encompasses research on international human rights norms and
laws of other countries.84 Syracuse University College
of Law has two LRW sections with an international law focus.85 The students work on an international human rights issue in addition to a traditional domestic brief problem during the spring semester
Law has two LRW sections with an international
law focus.85 The students work on an international human rights issue in addition to a traditional domestic brief problem during the spring semester
law focus.85 The students work on an international human rights issue in addition to a traditional domestic brief problem during the spring semester.86
At a time in which some
of the Member States have a 98 % recognition rate for Syrian
asylum seekers from Aleppo, denying protection to those who would like to file an application for international protection but who are unable or unwilling to try and reach Europe's shores by crossing the Mediterranean in a dinghy, any other conclusion would have raised serious doubts with regard to the EU's commitment to refugee and human rights
law.
Areas that the Assembly has no jurisdiction to legislate on — excepted matters — are defined fully in NIA 1998, Sch 2 and include: the Crown; the UK Parliament; Parliamentary elections; the franchise; international relations; defence; nuclear weapons; nationality; immigration;
asylum; UK tax
law; national insurance contributions; the appointment and removal
of judges
of the Supreme Court
of Judicature
of Northern Ireland and other judges; elections; and national security.
If the Court were to follow the opinion
of AG Mengozzi in this particular case, this could have a serious impact on the legal landscape and context
of EU immigration and
asylum law.
Furthermore, the situation
of asylum seekers or refugees living in the neighboring countries
of Syria are reported to be disastrous and their standard
of life far below the minimum standards foreseen in applicable international human rights
law instruments.
She advocates, speaks and writes regularly on issues relating to the human rights
of refugees and migrants, including legal representation, detention, U.S.
asylum law and policy, and protection from xenophobic and bias - motivated violence.
Developments in counter-terrorism
law have thus had a direct influence in broadening the application
of the exclusion clause in EU
asylum law.
On the one hand there is an effort to maintain the distinction between counter-terrorism
law and
asylum law and to maintain the integrity and coherence
of the
asylum acquis as something distinct and serving different purposes to counter-terrorism
law.
This is the true innovation in Lounani and it fits EU
asylum law within the broader thrust
of global and EU counter-terrorism
law to target not only direct terrorist acts
of violence but rather to adopt an aggressively preventative approach towards the suppression
of terrorist activity through the disruption
of the peripheral acts involved in the organisation and funding
of terrorism.
Mark Symes specialises in all aspects
of immigration
law; he has appeared in many leading cases involving
asylum, human rights and public
law.
Continuing on with our very special Raising the Bar interviews, Mark Symes talks to Lawyer Monthly about his work in immigration &
asylum, with particular expertise on the implications
of Brexit on EU and UK business immigration
law.
It seems that now, in light
of Lounani and the extension
of the exclusion clause, it is increasingly the case that
asylum law is also being drafted into the service
of global counter-terrorism efforts.
The current legal situation here is that if he were to be named, this would put him in danger in his home country, given his past actions and consequences in the UK, which in turn would sabotage the prospect
of deportation in itself as he would have to receive
asylum under human rights
law.
The necessary connection between the two areas
of law — criminal and
asylum — becomes apparent in Lounani at three points in particular: at the procedural level, at a conceptual level and finally and most importantly at the normative level.
This link however takes place not at the level
of EU
law and the relationship between EU counter-terrorism
law and EU
asylum law but rather in the context
of the vertical relationship between UN counter-terrorism
law and EU
asylum law.
She gave five reasons in particular why the scope
of the exclusion clause should not be limited to the offenses outlined in Article 1 FDCT: firstly the wording refers to acts contrary to the purposes and principles
of the UN and is not limited to terrorist offenses; secondly, such an interpretation would be at odds with the Geneva Convention in light
of which the Qualification Directive should be interpreted; thirdly, the Qualification Directive as an instrument
of asylum and humanitarian
law and the FDCT are qualitatively different and derive from different areas
of law; fourthly, it would unduly restrict the application
of the exclusion clause and finally, fifthly, the fact that the FDCT is an instrument
of variable geometry with varying application across the Union would lead to problems if it were used as criteria in defining terms for the purposes
of the application
of the Qualification Directive.