Download or read book Proof Evidentiary Assessment and Credibility in Asylum Procedures written by Gregor Noll and published by . This book was released on 2005 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proof Evidentiary Assessment and Credibility in Asylum Procedures The Raoul Wallenberg Institute Human Rights Library written by Gregor Noll and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess. Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment. Drawing on the results of a 12-month research project within the framework of the Refugee Research Programme and of three interdisciplinary expert conferences held at the Danish Centre for Human Rights, Copenhagen, the Institute for International Integration Studies, Dublin, and the Faculty of Law, Lund, this volume sets new parameters for an informed debate on evidence in asylum cases.
Download or read book Evidence in European Asylum Procedures written by Ida Staffans and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System.
Download or read book Gregor Noll Hrsg Proof Evidentiary Assessment and Credibility in Asylum Procedures The Raoul Wallenberg Institute Human Rights Library Vol 16 written by Stefan Keßler and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vertical Judicial Dialogues in Asylum Cases written by Dana Baldinger and published by Hotei Publishing. This book was released on 2015-05-12 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.
Download or read book Assessing Testimonial Evidence in Asylum Proceedings written by Rosemary Byrne and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although credibility determinations rest at the core of refugee protection, international refugee law has failed to develop a body of evidentiary principles that is tailored to the unique dimensions of the testimony of those seeking asylum. This article examines recent developments in assessing oral testimony in international criminal law. International criminal law judges, like national asylum adjudicators, must transcend geographic, linguistic, cultural, educational and psychological barriers in order to assess the credibility of testimony. As a result, these new international courts have developed a body of principles of international evidence law for assessing the testimony of alleged victims of, and witnesses to, human rights abuses. Current social science research on the asylum procedures in several jurisdictions reveals that asylum decision makers often fail to adapt the determination process to account for the realities of refugees presenting their cases in legal fora, directing proceedings with a presumptive skepticism of claims. It is argued that the nuanced and rigourous model for the assessment of the testimonial evidence of alleged victims and witnesses of human rights abuses in war crimes trials introduces effective international norms for the assessment of credibility in asylum proceedings.
Download or read book Asylum Determination in Europe written by Nick Gill and published by Springer. This book was released on 2018-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided.The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.
Download or read book Evidence in European Asylum Procedures written by Ida Staffans and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.
Download or read book Refugee Law s Fact Finding Crisis written by Hilary Evans Cameron and published by Cambridge University Press. This book was released on 2018-05-10 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.
Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Queering Asylum in Europe written by Carmelo Danisi and published by Springer Nature. This book was released on 2021-08-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trauma and Resilience Among Displaced Populations written by Gail Theisen-Womersley and published by Springer Nature. This book was released on 2021-03-19 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides an enriched understanding of historical, collective, cultural, and identity-related trauma, emphasising the social and political location of human subjects. It therefore presents a socio-ecological perspective on trauma, rather than viewing displaced individuals as traumatised “passive victims”. The vastness of the phenomenon of trauma among displaced populations has led it to become a critical and timely area of inquiry, and this book is an important addition to the literature. It gives an overview of theoretical frameworks related to trauma and migration—exploring factors of risk and resilience, prevalence rates of PTSD, and conceptualisations of trauma beyond psychiatric diagnoses; conceptualises experiences of trauma from a sociocultural perspective (including collective trauma, collective aspirations, and collective resilience); and provides applications for professionals working with displaced populations in complex institutional, legal, and humanitarian settings. It includes case studies based on the author’s own 10-year experience working in emergency contexts with displaced populations in 11 countries across the world. This book presents unique data collected by the author herself, including interviews with survivors of ISIS attacks, with an asylum seeker in Switzerland who set himself alight in protest against asylum procedures, and women from the Murle tribe affected by the conflict in South Sudan who experienced an episode of mass fainting spells. This is an important resource for academics and professionals working in the field of trauma studies and with traumatised groups and individuals.
Download or read book Gender in Refugee Law written by Efrat Arbel and published by Routledge. This book was released on 2014-04-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.
Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Download or read book Technologies of Suspicion and the Ethics of Obligation in Political Asylum written by Bridget M. Haas and published by Ohio University Press. This book was released on 2019-03-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, migration has been met with intensifying modes of criminalization and securitization, and claims for political asylum are increasingly met with suspicion. Asylum seekers have become the focus of global debates surrounding humanitarian obligations, on the one hand, and concerns surrounding national security and border control, on the other. In Technologies of Suspicion and the Ethics of Obligation in Political Asylum, contributors provide fine-tuned analyses of political asylum systems and the adjudication of asylum claims across a range of sociocultural and geopolitical contexts. The contributors to this timely volume, drawing on a variety of theoretical perspectives, offer critical insights into the processes by which tensions between humanitarianism and security are negotiated at the local level, often with negative consequences for asylum seekers. By investigating how a politics of suspicion within asylum systems is enacted in everyday practices and interactions, the authors illustrate how asylum seekers are often produced as suspicious subjects by the very systems to which they appeal for protection. Contributors: Ilil Benjamin, Carol Bohmer, Nadia El-Shaarawi, Bridget M. Haas, John Beard Haviland, Marco Jacquemet, Benjamin N. Lawrance, Rachel Lewis, Sara McKinnon, Amy Shuman, Charles Watters
Download or read book Exclusion from Protection as a Refugee written by Yao Li and published by BRILL. This book was released on 2017-09-11 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Whose Freedom Security and Justice written by Anneliese Baldaccini and published by Bloomsbury Publishing. This book was released on 2007-06-28 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?
