Migrants And The Courts
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Migrants And The Courts
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Author : Geoffrey Care
language : en
Publisher: Routledge
Release Date : 2016-04-22
Migrants And The Courts written by Geoffrey Care and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Written in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.
Demanding Rights
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Author : Moritz Baumgärtel
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-09
Demanding Rights written by Moritz Baumgärtel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-09 with Political Science categories.
Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union
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Author : Madalina Moraru
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union written by Madalina Moraru and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
The British Immigration Courts
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Author : Max Travers
language : en
Publisher: Policy Press
Release Date : 1999-07-28
The British Immigration Courts written by Max Travers and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-07-28 with Law categories.
This study examines the work in the court-system that hears appeals from immigrants and asylum seekers against decisions made by the British government. It considers the administrative problems and the perspective of pressure groups and politicians.
Access To Justice For Migrants And Asylum Seekers In Europe
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Author : Jeremy McBride
language : en
Publisher: Council of Europe
Release Date : 2009-01-01
Access To Justice For Migrants And Asylum Seekers In Europe written by Jeremy McBride and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Business & Economics categories.
Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.
When Humans Become Migrants
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Author : Marie-Bénédicte Dembour
language : en
Publisher: OUP Oxford
Release Date : 2015-03-26
When Humans Become Migrants written by Marie-Bénédicte Dembour and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-26 with Law categories.
The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.
Immigrants In Courts
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Author : Joanne I. Moore
language : en
Publisher: University of Washington Press
Release Date : 2000-12-01
Immigrants In Courts written by Joanne I. Moore and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-01 with Law categories.
Hundreds of thousands of immigrants enter the United States each year, and the number appearing in U.S. courts is rising in many states. Immigrants in Courts addresses their access to justice in the United States and the procedural obstacles they face. Immigrants� cultural and linguistic dilemmas in court are explored through their words and the reports of judges, attorneys, and court interpreters. Techniques for responding to the problem are examined in this readable and informative text. Immigrants in Courts provides judges, court staff, and advocates with ready information about the legal and cultural systems under which many immigrants grew up. Legal experts discuss the legal systems of four countries--China, Mexico, Russia, and Vietnam--and of the Muslim world. They explore not only how the law appears on the books but how the general population of a country perceives its legal system and how perceptions affect expectations in the new country.
The Accidental History Of The U S Immigration Courts
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Author : Alison Peck
language : en
Publisher: Univ of California Press
Release Date : 2022-05-10
The Accidental History Of The U S Immigration Courts written by Alison Peck and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-10 with History categories.
"Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football--with people's very lives on the line." -- back cover.
Aliens Before The European Court Of Human Rights
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Author : David Moya
language : en
Publisher: BRILL
Release Date : 2021-07-05
Aliens Before The European Court Of Human Rights written by David Moya and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-05 with Law categories.
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.
Judicial Review Of Immigration Detention In The Uk Us And Eu
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Author : Justine N Stefanelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-23
Judicial Review Of Immigration Detention In The Uk Us And Eu written by Justine N Stefanelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 with Law categories.
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.