The Definition of Convention Refugee

The Definition of Convention Refugee

Author: Lorne Waldman

Publisher:

Published: 2019-06-24

Total Pages: 744

ISBN-13: 9780433502357

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This authoritative text on contemporary Canadian refugee law examines all elements in the criteria for refugees under the Immigration and Refugee Protection Act and analyzes the jurisprudence as it has developed in Canada with references to other sources of international law. The book serves as an authority on current Canadian refugee law, which is based on the definition of refugee status contained in the United Nations¿ 1951 Refugee Convention and the United Nations Convention Against Torture. With thousands of applicable cases synthesized, this publication is an indispensable manual for immigration lawyers and consultants, as well as paralegals and government policy advisors. Features: Extensively researched, with thousands of applicable cases synthesized Covers almost every single point of law and all case law needed for a good grasp of this area of practice Examines in depth key recent issues decided by the Supreme Court of Canada and appellate courts such as: The interpretation of the exclusion clauses in Ezokola and Febles and Mugesera The clarification of Article 1 E , state protection, the internal flight alternative and nexus to the definition of Convention Refugee. The incorporation into Canadian Immigration Law of the protections of the Convention Against Torture through the introduction of section 97 of the Immigration and Refugee Protection Act Discusses issues such as the application of the concept of generalized risk and its application when a person seeks recognition as a person is in need of protection; the meaning of cruel unusual treatment or punishment. Full text of Part 2 of the Immigration and Refugee Protection Act (ss. 95-116) Detailed index


The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law

Author: Cathryn Costello

Publisher: Oxford University Press

Published: 2021

Total Pages: 1337

ISBN-13: 0198848633

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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.


Interpretation of the Convention Refugee Definition in the Case Law

Interpretation of the Convention Refugee Definition in the Case Law

Author:

Publisher:

Published: 1999

Total Pages: 217

ISBN-13:

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This paper discusses the definition of Convention refugee, the interpretation of which is an ongoing process. The paper attempts to identify those principles of law which are settled and to indicate how the courts have applied those principles to particular situations. It also identifies those areas where case law is conflicting or unsettled. Reference is made to the decisions of the Federal Court and the Supreme Court of Canada which interpret the Convention refugee definition. The introduction provides the Convention refugee definition as enacted in the Immigration Act and explains the general rules of interpretation. Topics covered include country of persecution, persecution, grounds of persecution, well-founded fear of persecution, state protection, change of circumstances & compelling reasons, the internal flight alternative, particular situations such as civil war, and exclusion clauses.


Human Rights and the Refugee Definition

Human Rights and the Refugee Definition

Author: Bruce Burson

Publisher: BRILL

Published: 2016-02-02

Total Pages: 427

ISBN-13: 9004288597

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Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.


Climate Change, Disasters, and the Refugee Convention

Climate Change, Disasters, and the Refugee Convention

Author: Matthew Scott

Publisher: Cambridge University Press

Published: 2019-12-31

Total Pages:

ISBN-13: 1108787770

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Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to the refugee definition.


The Refugee in International Law

The Refugee in International Law

Author: Guy S. Goodwin-Gill

Publisher: Oxford University Press

Published: 2007

Total Pages: 847

ISBN-13: 0199281300

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Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.


The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol

The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol

Author:

Publisher: Oxford University Press

Published: 2024-01-10

Total Pages: 2697

ISBN-13: 0192667203

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The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.


The Law of Refugee Status

The Law of Refugee Status

Author: James C. Hathaway

Publisher: Cambridge University Press

Published: 2014-07-03

Total Pages: 777

ISBN-13: 1107012511

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The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.