Refugee Roulette
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Refugee Roulette
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Author : Jaya Ramji-Nogales
language : en
Publisher: NYU Press
Release Date : 2011-04-29
Refugee Roulette written by Jaya Ramji-Nogales and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-29 with Law categories.
Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance. Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors' research and recommendations Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.
Lives In The Balance
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Author : Philip G. Schrag
language : en
Publisher: NYU Press
Release Date : 2014-01-03
Lives In The Balance written by Philip G. Schrag and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-03 with Law categories.
Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors’ recommendations, including repeal of the one-year deadline, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.
Asylum And Credible Fear Issues In U S Immigration Policy
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Author :
language : en
Publisher: DIANE Publishing
Release Date :
Asylum And Credible Fear Issues In U S Immigration Policy written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Administrative Justice And Asylum Appeals
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Author : Robert Thomas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-01-18
Administrative Justice And Asylum Appeals written by Robert Thomas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-18 with Law categories.
FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.
Refugee Law S Fact Finding Crisis
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Author : Hilary Evans Cameron
language : en
Publisher: Cambridge University Press
Release Date : 2018-05-10
Refugee Law S Fact Finding Crisis written by Hilary Evans Cameron 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 2018-05-10 with Law categories.
Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.
The Internal Protection Alternative In Refugee Law
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Author : Jessica Schultz
language : en
Publisher: BRILL
Release Date : 2018-12-06
The Internal Protection Alternative In Refugee Law written by Jessica Schultz and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-06 with Law categories.
The Internal Protection Alternative in Refugee Law addresses the legal conditions under which a refugee claimant may be returned to a safe area within her country of origin.
Inside Asylum Bureaucracy Organizing Refugee Status Determination In Austria
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Author : Julia Dahlvik
language : en
Publisher: Springer
Release Date : 2018-04-03
Inside Asylum Bureaucracy Organizing Refugee Status Determination In Austria written by Julia Dahlvik and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-03 with Social Science categories.
This open access monograph provides sociological insight into governmental action on the administration of asylum in the European context. It offers an in-depth understanding of how decision-making officials encounter and respond to structural contradictions in the asylum procedure produced by diverging legal, political, and administrative objectives. The study focuses on structural aspects on the one hand, such as legal and organisational elements, and aspects of agency on the other hand, examining the social practices and processes going on at the frontside and the backside of the administrative asylum system. Coverage is based on a case study using ethnographic methods, including qualitative interviews, participant observation, as well as artefact analysis. This case study is positioned within a broader context and allows for comparison within and beyond the European system, building a bridge to the international scientific community. In addition, the author links the empirical findings to sociological theory. She explains the identified patterns of social practice in asylum administration along the theories of social practices, social construction and structuration. This helps to contribute to the often missing theoretical development in this particular field of research. Overall, this book provides a sociological contribution to a key issue in today's debate on immigration in Europe and beyond. It will appeal to researchers, policy makers, administrators, and practitioners as well as students and readers interested in immigration and asylum.
The Oxford Handbook Of International Refugee Law
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Author : Cathryn Costello
language : en
Publisher: Oxford University Press
Release Date : 2021-06-02
The Oxford Handbook Of International Refugee Law written by Cathryn Costello and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-02 with Law categories.
The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.
Queering Asylum In Europe
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Author : Carmelo Danisi
language : en
Publisher: Springer Nature
Release Date : 2021-08-31
Queering Asylum In Europe written by Carmelo Danisi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Social Science categories.
This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
Refugees And Asylum Seekers
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Author : S. Megan Berthold
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2019-06-24
Refugees And Asylum Seekers written by S. Megan Berthold and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-24 with Political Science categories.
This volume engages human rights, domestic immigration law, refugee policy in the United States, Canada, and Europe, and scholarship to examine forced migration, refugee resettlement, asylum seeker experiences, policies and programs for refugee well-being in North America and Europe. Given the recent "re-politicization" of forced migration and refugees in Europe and the U.S., this edited collection presents an in-depth, multi-dimensional analysis of the history of policies and laws related to the status of refugees and asylum seekers in the U.S., Canada, and Europe and the challenges and prospects of refugee and asylum seeker assistance and integration in the 21st century. The book provides rich insights on institutional perspectives critical to understanding the politics and practices of refugee resettlement and the asylum process in the U.S., Canada, and Europe, including international human rights and humanitarian law as well as domestic laws and policies related to forced migrants. Issues addressed include social welfare supports for resettled refugees; culturally responsive health and mental health approaches to working with refugees and asylum seekers; systemic failures in the asylum processing systems; and rights-based approaches to working with forced migrant children. The book also examines policy developments and strategies to advance the well-being and social inclusion of refugees in the U.S. and Europe.