By Jane Mcadam
The overseas safeguard regime for refugees and different compelled migrants turns out more and more in danger as measures designed to reinforce safeguard — of borders, of individuals, of associations, and of nationwide id — encroach upon human rights. This well timed edited assortment responds to a couple of the modern demanding situations confronted by means of the overseas defense regime, with a selected concentrate on the human rights of these who're displaced. The publication starts by way of assessing the influence of anti-terrorism legislation on refugee prestige, either on the foreign and household degrees, sooner than turning to check the functionality of offshore immigration regulate mechanisms and extraterritorial processing on asylum seekers' entry to territory and entitlements — either procedural and significant. It considers: the actual wishes and rights of kids, in particular as compelled migrants; the function of human rights legislation in holding non secular minorities within the context of debates approximately nationwide identification; the methods of refugee decision-makers in assessing the credibility of proof; and the scope for a world judicial fee to supply constant interpretative suggestions on refugee legislation, on the way to triumph over — or a minimum of lessen — the presently different and occasionally conflicting techniques of nationwide courts. The final a part of the booklet examines the prestige of people that reap the benefits of 'complementary defense' — akin to those that can't be faraway from a rustic simply because they face a possibility of torture; merciless, inhuman, or degrading remedy; or punishment — and the scope for the wider proposal of the 'responsibility to guard' to deal with gaps within the foreign safeguard regime.
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Extra resources for Forced Migration, Human Rights and Security (Studies in International Law)
33 The UK representative also indicated that the United Kingdom was concerned that the asylum process could be invoked by persons who should not be able to benefit from refugee status at the end of the day. 34 At this point, it is helpful to set out Articles 32 and 33 in full. Article 32. – Expulsion 1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order. 2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law.
76 Hathaway argues in general that State practice should be down-played: JC Hathaway, The Rights of Refugees under International Law (Cambridge, Cambridge University Press, 2005) 68–74. 77 Nyinah (n 65 above) 307. 78 UNHCR’s Guidelines (n 2 above) para 26. 79 C. Fungible Thresholds There are a number of other aspects of Article 1F(c) which make the possibility of exclusion a very appealing proposition. States may welcome the possibility of exclusion on the basis of an ill-defined ‘terrorist’ threat to the nation, a low standard of proof and uncertain levels of due process.
The danger, as with pre-emptive measures generally, is that everyone becomes suspect. 65 60 UNHCR’s Guidelines (n 2 above) para 31. Ibid. 62 Ibid. 63 Ibid, para 32. 64 See, eg the Australian High Court’s decision in Singh (n 58 above), in particular the judgment of Kirby J; and the Canadian Supreme Court’s decision in Pushpanathan (n 43 above) 999, where the majority commented on the enormous significance of falling within Art 1F as opposed to the provisions on dangerous refugees. For the UK’s position, see n 38 above.