In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.

Academic Paper from the year 2018 in the subject Law - European and International Law, Intellectual Properties, University of Malta, course: M.A. European Politics, Economics and Law, language: English, abstract: The present work takes a closer look at the rare case of exclusion in asylum law. This article will analyse into detail which crimes and acts are taken in consideration. First, it will give an introduction of the legal framework of exclusion. In the second part it will analyse in depth the steps of the exclusion assessment, referring to experts such as EASO and the UNHCR. The article will conclude with a summary of the findings. Exclusion is a rare circumstance in the asylum procedure. The criteria to establish inclusion exactly like exclusion are set out in the Convention Relating to the Status of Refugees, from now on 1951 Refugee Convention. An asylum seeker who applied for international protection will go through an assessment done by an authority establishing whether he or she is entitled for international protection. If the person is entitled to protection according to the refugee definition stated in the 1951 Refugee Convention the person will be included. Being included means that the person needs protection because he or she has been forced to flee his or her country because of persecution, a refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Being included is also a prerogative for exclusion, a person cannot be excluded if he or she is first not included. The principle of exclusion is that the person who applied for asylum does not deserve protection. The aim of the 1951 Refugee Convention is to protect potential victims, not to protest criminals, therefore it does not have to be misused. The reason for not deserving protection can be mainly three. The first case is when the person is already beneficiary of protection, because he or she receives assistance from organs or agencies of the United Nations. The second scenario is when the person is recognised by the competent authorities of the country in which he or she has taken residence as having the same rights and obligations of the citizen in possession of the nationality of that country. The third and maybe most controversial scenario is when the person claiming asylum is responsible of a crime or an act so serious that the person is not considered to deserve protection.

Exclusion from refugee status for the suspected commission of serious crimes is a topic fraught with political and legal controversy. This is an area which sees the intersection of refugee law with international criminal and humanitarian law and, increasingly, measures taken in the fight against terrorism. In Terrorism and Exclusion from Refugee Status in the UK, Sarah Singer examines whether and how ‘terrorism’ has featured in the UK’s interpretation and application of the Refugee Convention’s ‘exclusion clause’. A number of sources are drawn on including questionnaires and interviews conducted with immigration judges, the Home Office’s exclusion unit and legal practitioners. She therefore provides an unprecedented and thorough analysis of the UK’s approach to asylum seekers suspected of serious criminality.

This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.

Resort by the state to measures of exclusion and expulsion from the territory of the UK and/or from British citizenship have multiplied over the past decade, following the so-called 'War on Terror', increased globalisation, and the growing politicisation of national policies concerning immigration and citizenship. This book, which focuses on the law and practice governing deportation, removal and exclusion from the UK, the denial of British citizenship, and deprivation of that citizenship, represents the first attempt by practitioners to provide a cohesive assessment of UK law and practice in these areas. The undertaking is a vital one because, whilst these areas of law and practice have long existed as the hard edge of immigration and nationality laws, in recent years the use of some powers in this area has greatly increased and such powers have arguably expanded beyond secondary existence as mere mechanisms of enforcement. The body of law, practice and policy created by this process is one which justifies treatment as a primary concern for public lawyers. The book provides a comprehensive analysis of the law in these areas and its background. This involves a consideration of interlocking international and regional rights instruments, EU law and the domestic regime. It is a clear and comprehensive everyday guide for practitioners and offers an invaluable insight into likely developments in this dynamic area of public law. '...deserves to be on the bookshelves of all those who seek to practise within this carefully defined area of immigration and nationality law.' From the Foreword by Lord Hope of Craighead KT

Community asylum law is becoming ever more essential to asylum law in Europe. But many intricate questions about this new body of law remain to be resolved. Do the Community rules weaken or improve the position of asylum seekers? Would a future Community asylum law have to observe international norms? What role should the Court of Justice play in asylum matters? And does the communautarisation of asylum law affect the possibilities of asylum seekers to approach domestic courts, or the European Court of Human Rights? These and other questions are addressed in this book. It offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses the content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.

Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.

This book considers the United Nations High Commissioner for Refugees’ contribution to international refugee law since the establishment of UNHCR by the United Nations General Assembly in 1951. The book explores the historical and statutory foundations that create an indelible link between UNHCR and international refugee law. This book charts the significant evolution that has occurred in the organisation’s role throughout the last sixty years, looking at both the formal means by which UNHCR’s mandate may be modified, and the techniques UNHCR has used to facilitate the changes in its role, thereby revealing a significant evolution in the organisation’s role since the onset of the crisis in refugee protection in the 1980’s. UNHCR, itself, has demonstrated its organizational autonomy as the primary agent for the adaptation of its responsibilities and work related to international refugee law. The author does suggest however that UNHCR needs to continue to extend and strengthen its role related to international refugee law if UNHCR is to ensure a stronger legal framework for the protection of refugees as well as a fuller respect for refugees’ rights in practice. UNHCR and International Refugee Law should be of particular interest to refugee lawyers as well as academics and students of refugee law and international law, and anyone concerned with the important role that UNHCR plays in the protection of refugees today.

This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.

Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.