Jul28

Narrowing Article 1(D)’s Interpretation to Expand Access to Asylum for Palestinians

July 28, 2021

Neither UNHCR nor states need to continue to exclude broad swaths of Palestine refugees under Art. 1(D). The justifications for perpetual, broad exclusion fall short. They are especially concerning because there is another, narrower interpretation of Art. 1(D) exclusion. This interpretation is faithful both to the Convention’s text and to the right to seek asylum—including for asylum-seekers of Palestinian descent.

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Jul16

The Concept of ‘Protection’ by Non-State Actors in the Country of Origin and the Revocation of the Refugee Status

July 16, 2021

Analyzing CJEU Case C-255/19, Secretary of State for the Home Department v. O A, which failed to clarify the meaning of protection by non-state actors in EU asylum law. This concept seems not to be in accordance with the notion of state protection in the Refugee Convention.

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May25

Replacing a Good Faith Approach with a Well-Founded Fear Approach

May 25, 2021

May 25, 2021 By Emily Harris Third-year student at the University of Michigan Law School Introduction The 1951 Refugee Convention and the 1967 protocol which updated the Convention defines refugee.[1] Article 1...

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Apr12

“They Pretend Not to Hear”: Unpacking the European Union’s Use of Libya as a Transit Country for Refugees

April 12, 2021

Dissecting the migratory practices of the EU reveals how the Global North has implemented a pernicious method of managing refugee migration amidst the chaos of the complex situation in Libya. By engaging hyper-territorial practices, the EU has restrained migrants’ access to their territorial human and civil rights.

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Mar18

RefLaw Primer: Alienage

March 18, 2021

This post explores and defines the alienage requirement of the Refugee Convention's definition of "refugee". What is the element of "alienage"? Where in the Convention is it found? What are the legal and policy rationales behind it?

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Mar18

Introducing the RefLaw Primer Series

March 18, 2021

Over the next few months, RefLaw will be spotlighting a new blog series designed to introduce refugee law to a lay-audience and make this complicated, fascinating area of international law accessible to non-lawyers. These Refugee Law Primers will walk our readers through each element of the definition of “refugee,” as well as common questions and themes in international refugee law and scholarship.

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Nov10

Toward Principles for Refugee Claims Based on Unenforced Persecutory Laws

November 10, 2020

If it is true that “queer cases make bad law,” then in cases like these, which raise difficult questions relevant to the LGBT community, courts should be especially diligent in showing each step of the analysis, and not blind themselves to the social realities the applicant in front of them faces.

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May25

The Free Movement of Persons within the African Union and Refugee Protection

May 25, 2020

On January 29, 2018, the African Union’s (AU) Assembly of Heads of State and Government adopted the Protocol to the Treaty Establishing the African Economic Community Relating to the Free Movement of Persons, Right of Residence and Right of Establishment (the Protocol). It aims, among other things, to create a single African market for people, goods, services and capital, much like that in the European Union (EU). While cognizant of the opportunities presented by the Protocol, this article focuses on its risks to refugee protection, with a view to stimulating discussion in this regard prior to entry into force.

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Jan29

No Fame Required: Where Matter of L-E-A- Went Wrong

January 29, 2020

In Matter of L-E-A-, the Attorney General abandoned the United States’ long-standing acceptance of family as a particular social group and held instead that nuclear family will no longer necessarily qualify as a particular social group. This decision is incorrect and departs not only from the U.S.’s own jurisprudence, but also from other jurisdictions’ acceptance of family-based particular social groups.

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Jan6

Tacit Complicity of Non-Protection in the Maghreb: “As long as my neighbor does not protect refugees, I’ll do the same”

January 6, 2020

This Article discusses the tragedy that refugees in the Maghreb region face because the Maghreb states have chosen to hide behind security concerns instead of addressing their plight. The lack of national systems of asylum combined with the regional political instability and the absence of a regional model that can be transposed onto the individual countries aggravates the situation of refugees. As long as the Maghreb states continue to act (or rather, fail to act) on the logic that “as long as my neighbor does not protect them, I'll do the same thing,” refugees will continue to suffer in these host countries.

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