AbstractWhile the Temporary Protection Visa (TPV) regime was formally introduced in October 1999 by the Howard Government, the concept of temporary protection was not totally alien to the Australian humanitarian landscape. Earlier examples reflected a standard use of temporary protection as a complementary or interim protection mechanism, offering short‐term group‐based protection where individual assessment under the 1951 Convention was both impractical and untimely. This paper focuses on the wider and more controversial changes in the use of temporary protection mechanisms that were to follow with the introduction of the TPV in 1999, which offered substitute protection for individually assessed Convention refugees who had arrived onshore without valid travel documents. It examines the history and evolution of the TPV policy regime from 1999 to the announcement of its abolition in 2008, arguing that the introduction and subsequent development of the policy may be understood as a product of a conservative, exclusionist political climate in Australia, following the unprecedented impact of the populist One Nation party in 1998, and later, the impact of September 11th. It also examines later amendments to the regime as a response to growing domestic disquiet about the impacts of the policy, and the abolition of the TPV policy under a new Australian government elected in late 2007.
AbstractThis article examines French immigration policy through the experiences of Palestinians displaced by the war in Syria who are currently residing in France. In response to the Syrian refugee crisis, France has instituted an 'asylum visa' that enables refugees from Syria who are awarded the visa to travel legally from the Middle East to France to apply for asylum there. The asylum visa, also referred to as a 'humanitarian visa', extends to Syro-Palestinians. Humanitarian visas have been celebrated by some as a means by which individuals in need of international protection can seek asylum in Europe in a dignified and safe manner. I argue that it is too early to celebrate the French asylum visa. Indeed, evidence shows that steps to provide legal routes to Europe for asylum-seekers through humanitarian visas coexist with rather than overturn broader policies that seek to deter the majority of asylum-seekers from entering Europe.
AbstractAustralia's pro-immigration policies have played a vital role in national population growth, serving to address what would otherwise be chronic labour shortages and population ageing. While migrants to Australian have shown a clear preference for cities and tend to locate with co-ethnics, variations by visa class—employment, family reunification, and asylum—have yet to be fully explored. This paper aims to identify variations in settlement patterns of immigrants in Australia by visa types and the factors underpinning these choices, paying particular attention to ethnic networks and employment opportunities. We apply a series of negative binomial regressions to aggregate census data linked to visa status. At the suburb level, our results show the importance of the presence of compatriots in shaping the location choices of family migrants, with the exception of skilled and humanitarian immigrants from China, Malaysia and Thailand. At the regional level, skilled migrants, including skilled regional migrants, respond to employment opportunities to a greater extent than family and humanitarian migrants.
Türk vatandaşları için AB üye ülkelerine girişte zorunlu olan vize, Türkiye-AB ilişkilerinde yeni bir sorun değildir. Türk vatandaşları 1980'li yıllardan bu yana, AB üyesi ülkelerine girişlerinde vizeye tabidirler. Avrupa Konseyi tarafından İkinci Dünya Savaşı sonrasında, Avrupa'da vizesiz seyahat kavramı uygulamaya konuldu. Bu kavram ile üye ülke vatandaşlarının birbirlerini daha iyi tanıyıp anlamalarını hedeflenmiştir. Türkiye, Avrupa Konseyi'ne 1949 yılında üye oldu ve başlangıçtan itibaren iki büyük savaş geçirmiş Avrupa ülkelerinin barışa kavuşmasını istemiştir. Türkiye ile AB topluğu ile yapılan görüşmeler sonucunda Avrupa Konseyi Üyesi Ülkeler Arasında Şahısların Serbest Dolaşımı Anlaşması' 1957 yılında imzalanmıştır. 1 Ocak 1958 yılında yürürlüğe giren anlaşmayı takiben aralarında Türkiye'nin de bulunduğu Avrupa Konseyi ülkelerinin büyük çoğunluğu, karşılıklı olarak vize uygulamasına son vermiştir. Ancak 1970'li yılların ikinci yarısından itibaren Türkiye içinde patlak veren siyasi istikrarsızlık, 1980'li yıllarda Türkiye'nin "Vizesiz Avrupa" rüyasından çıkartılmasına kadar ilerlemiştir. 9 Temmuz 1980 tarihinde, Federal Almanya, 24 Eylül 1980 tarihinde Fransa da Avrupa Konseyi bünyesindeki anlaşmayı Türkiye için askıya alacağını Konsey'e bildirmiştir. 5 Eylül 1980 tarihinde, Türk vatandaşlarına yönelik ilk vize uygulamasını "geçici bir tedbir" olarak, üç yıl sonra yeniden değerlendirilmek üzere Federal Almanya Cumhuriyeti başlatmıştır. Uzun yıllardır, Türk vatandaşlarının tabi olduğu vize hukuki, sosyal, diplomatik, bürokratik, uluslararası ve insani boyutları olan çok geniş bir alanı kapsayan bir konudur. ; Turkish citizens are required for entry to the EU member states for which visa is not a new problem in Turkey-EU relations. Turkish citizens since the 1980s, and are subject to a visa when entering EU member states. After the Second World War by the European Council has introduced a visa-free concept in Europe. This concept is aimed at the citizens of the member states to know and understand each other better. Turkey has asked the Council of Europe became a member in 1949 and the beginning of restoring peace in Europe have undergone two major wars. Turkey and the EU case, for instance as a result of negotiations with the Council of Europe Member States between the Free Movement of Persons Agreement 'was signed in 1957. Following agreement entered into force on January 1, 1958 between Turkey also found that the vast majority of the Council of Europe has put an end to a mutual visa application. However, since the second half of the 1970s, political instability erupted in Turkey and Turkey in the 1980s, "Visa-free Europe" is advanced to be removed from the dream. On July 9, 1980 Federal Republic of Germany, France agreement in the Council of Europe on September 24, 1980 were reported to the Council would suspend for Turkey. On 5 September 1980 the first visa requirements for Turkish citizens "temporary measure", the Federal Republic of Germany has begun to be re-evaluated after three years. For many years, it is subject to legal visas for Turkish citizens, social, diplomatic, bureaucratic, is a topic that covers a wide range of international and humanitarian dimensions
Mexico has the most transited migratory corridor in the world . The complex migratory flows transiting the country—mainly Mexican, Central and South Amer- ican—have historically been perceived as economic and male . Scholars have not- ed as problematic the categorisation of the 'labour migrant' as being exclusive- ly voluntary. It has been demonstrated that framing agency through simplified understandings of 'voluntary' and 'involuntary' movement cannot easily capture the realities of movements along the Mexican corridor. Identification using legal categories such as "illegal" migrant end up demarcating and 'invisiblising' individ- uals eligible for protection . The securitisation of borders and criminalisation of migration throughout the 20th century, led by the global north, has intensified and has added further fuel to the fire. Protection has still not been clearly delineated for the undocumented and seems to be eclipsed through the criminalisation of migration . Incidents such as death, rape, kidnappings and other types of abuse faced by transit migrants have opened up the debate among key human rights stakeholders on solidarity and protection . Human rights defenders have estab- lished shelters, humanitarian aid, led manifestations, caravans and campaigns 'in solidarity' with the migrant among other activities and services . These forms of solidarity have been predominately presented by human rights actors to the Mex- ican government through human rights and humanitarian visa appeals for mi- grants to transit the country . These appeals and other forms of emerging human- itarian aid dynamics are occurring outside the refugee protection regime . Also the majority of human rights defenders are non-state actors—albeit there is reliance on states for the implementation of human rights . The purpose of this paper— based on extensive qualitative research in transit-assistance based places—is to explore what kind of contribution the politics of solidarity has in (re)shaping the transmigrant subject; focusing on key human rights defenders discourse, humani- tarian aid dynamics and transmigrants experiences .
AbstractIn both disasters and armed conflicts, domestic regulatory control over the entry and operation of international humanitarian relief operations can significantly affect their ability to address the critical needs of affected persons. The types of regulatory problems that arise, such as customs barriers, visa issues and taxation of aid, are often similar, but both the underlying dynamics and the applicable international law can be quite different. This article analyses these similarities and differences and suggests distinct steps that might be taken to move forward in the two contexts.
This dissertation analyzes the legalization process as experienced by immigrant crime victims and their attorneys in Los Angeles, California. Drawing on over three years of ethnographic and qualitative research, I chart the process from the time undocumented immigrants decide they want to regularize their status through a humanitarian remedy and contact attorneys at legal non-profit organizations; through the case development phase, when immigrants collaborate with attorneys to produce compelling petitions for legal standing; to the period of application results and beyond, documenting the consequences of approvals and rejections for immigrants and their families. I also consider immigration lawyers' paths into their profession and examine how their career motivations shape their legal practice. Empirically, I focus on the experiences of female Latin American immigrants as they pursue U Visa status and the attorneys they collaborate with. Created in 2000 through the Victims of Trafficking and Violence Protection Act, the U Visa is a temporary legal status for immigrant victims of violent crime that offers a path to permanent residency and U.S. citizenship. This project makes three interrelated contributions to research on immigration, legal mobilization, and legal decision-making. First, I advance scholarship on international migration and immigration policy by building on conceptualizations of immigration control that center on policy interpretation and implementation by mid-level actors and institutions (Armenta, 2011; Gilboy, 1991; Marrow, 2009). By analyzing how lawyers broker between immigrants and the state and between immigrants and other mid-level intermediaries such as police officers, employers, and social services providers, I configure immigration attorneys as both agents and critics of law who simultaneously reinforce and challenge official and unofficial legal notions (Coutin, 2000). In drawing attention to attorneys' complex roles in the application of immigration policies, I show how exclusionary aspects of control characteristic of the contemporary immigration legal regime can filter into efforts intended to benefit immigrants. Second, this dissertation demonstrates critical ways in which law shapes immigrants' lives. Research has examined undocumented immigrants' attempts to acquire socioeconomic resources from a position outside the law (Abrego, 2008; Gleeson, 2009), but I further this agenda by exploring immigrants' endeavors to access benefits associated with legal standing. By analyzing the signaling mechanism involved in converting a legal identity to concrete resources, I illustrate how a political and social climate of migration control combined with a legal context characterized by the multiplication of anomalous statuses between citizen and foreigner produces stratification. Lastly, this dissertation extends the law in action paradigm (Pound, 1910). While most studies of law in action have analyzed how legal actors tailor idiosyncratic details of discrete cases to existing precedents, I consider how law emerges within a confining legal framework that is at the same time not completely institutionalized.
In 1985 Australia became one of the first countries in the world to accept same-sex relationships as the basis of migration. Under the compassionate and humanitarian visa category, same-sex applications were assessed through ministerial discretion. In 1991 the "interdependency" category was introduced to recognize nonfamilial migration. Same-sex migration has been hailed as reflecting Australia's progressive sexual law reform and modernizing Australia's immigration history. Since 1991, more than 7,500 permits have been issued. Between 1991 and 2005, gay Asian migrants made up the largest group of interdependency settlers. This article analyzes the development of same-sex migration policy to show how official immigration policy discourses have transformed their visa codifications from humanitarian in 1980, to interdependency in 1991, and family stream same-sex interdependency in 2000. These categories mobilize different politics of intimacy to assimilate the queer migrant into the logics of transnational capital and new nationalism. Thus interracial gay Asian Australian migration functions as a buffer and tension between the nation and its others, government and people, policy and politics.
The scope of the present research is to understand to what extent a recent and fruitful private initiative sponsoring a safe alternative legal pathway 'par avion' recently spread from Italy and called "humanitarian corridors", may in a future become a general and uniform alternative model for other European Union States. Such a best practice, which represents currently an exceptional route for vulnerable migrants mostly from Lebanon and Eritrea to enter the country without harm after a security screening and to be materially supported by the same sponsors in the crucial initial phase of integration, could potentially be extended to other EU States. Its legal basis should not be restricted to Article 25 of the Visa Code (recently interpreted by the EU Court of Justice as posing no obligation on Member States to grant humanitarian visa). There already exist clear obligations to grant humanitarian assistance to vulnerable people at risk stemming out from international law (both general and conventional) that do constitute the adequate legal basis both for States and civil society, to act in a "multi-stakeholder alliance" in order to find solutions to the challenges and opportunities deriving from international migration, as indicated in the 2016 New York Declaration.
AbstractIn this article, the UK's 'safe and legal (humanitarian) routes' are evaluated by examining how they are positioned in the post‐Brexit migration regime, and how these domestic provisions compare to those underwritten by international protections. The Hong Kong British Nationals (Overseas)—HK BN(O)s—and Ukraine visa schemes are an area of focus which, combined, account for the vast majority of those arriving in the UK for the purposes of humanitarian protections since Brexit. Despite being formally presented under the same banner, the schemes have significant differences in terms of eligibility criteria, costs, rights and entitlements. Moreover, on closer inspection, while they share an overarching policy vision informed by foreign policy priorities, these new provisions are underpinned by different genealogies and policy logics. While the HK BN(O) scheme is rooted in the tradition of ancestry visas and colonial entanglements and requires that potential beneficiaries pay for protections, the Ukrainian schemes are more closely aligned with recent refugee resettlement schemes and share with them the push towards greater involvement of private and community stakeholders in humanitarian protection.
Europe has traditionally been considered a close partner of Russia. Importance for Russia partnership with the European Union was once again confirmed after the presidential elections in Russia. According to the Presidential Decree of May 7, 2012 N 605 " On measures to implement the foreign policy of the Russian Federation", in which considerable attention is paid to issues of relations with the EU. The main tasks of the Russian foreign policy in relations with the European Union are: • strategic objective - creating a common economic and human space from the Atlantic to the Pacific; • Agreement with the EU to abolish visas for short-term mutual trips of citizens , upholding the principles of equality and mutual benefit in the work on a new basic agreement between Russia and the EU strategic partnership; • contribute to the effective implementation of the program "Partnership for Modernization"; • development of mutually beneficial energy partnerships in order to create a single European energy sector , ensuring strict compliance with existing bilateral and multilateral treaty obligations ( Presidential Decree of May 7, 2012 N 605).Despite the challenges in overcoming the current political, socio- economic and financial crisis in the EU Member States , as well as problems of visa-free regime between Russia and the European Union , the inhibitory contacts between the citizens of these countries , further cooperation will only strengthen. Cooperation in scientific and technological sphere November 25, 2013 the grand opening of the Year of Science Russia - EU in 2014 . The initiators of the Year of Science by the Ministry of Education and Science (Dmitry Livanov, Minister of Education & Science, the Russian Federation) and the European Commission on the basis of the agreements reached in December 2012. The purpose of this global initiative is to create conditions to increase the capacity of scientific and technological cooperation and further strengthen humanitarian cooperation between Russia and Europe. In ...
In its 2008 Constitution, Ecuador enshrined radically inclusive principles of universal citizenship and legal protections for migrants, written in a moment of historic Ecuadorian emigration. Yet in the wake of the Venezuelan migrant crisis and President Lenin Moreno's shift towards austerity, how has his administration (2017-2021) responded to the Venezuelan migration in policy and in political discourse? Through an analysis of legal documents including ministerial agreements, legislation, executive decrees, and the VERHU visa, this paper outlines a pattern of legal restrictions levied on Venezuelan migrants. Additionally, this paper employs a qualitative content analysis of the Moreno administration's political discourse, including state actors' speeches, interviews and tweets discussing Venezuelan migrants. I found that the Moreno administration uses logics of "control in order to protect" in justifying legal restriction to Venezuelan migrants' entry to Ecuador, and in public discourse, the state frames Venezuelan migrants as victims of a despotic Maduro regime and recipients of Ecuadorian benevolence, thus constructing Ecuador as a 'humanitarian state' in public imagination. When there are points of divergence from this characterization of vulnerable migrants in moments of violence, actors employ criminalizing language but preserve a distinction for an 'innocent' Venezuelan migrant, too. Through a migration management perspective, I conclude that humanitarian rhetoric is invoked to cloak legal restrictions while maintaining the appearance of Ecuador as a humanitarian state.
Abstract Two controversial rulings of the Grand Chamber of the European Court of Human Rights (ECtHR) deserve global attention, since they declined to scrutinize on human rights grounds the prevalent move towards enhanced border controls and externalization practices that define European asylum law and policy at this juncture. In ND and NT, judges deemed the Spanish policy of 'hot returns', without access to basic procedural guarantees, of those climbing border fences to be compatible with human rights. A few weeks later, the Grand Chamber thwarted enduring hopes for judicial innovation in MN when it reasserted a 'primarily territorial' understanding of State jurisdiction and declared inadmissible the claim of a Syrian family from the war-torn town of Aleppo to a humanitarian visa. While the decision on humanitarian visas means that 'non-arrival' policies cannot usually be challenged, critical inspection of the ND and NT judgment displays a confounding combination of restrictive arguments and dynamic elements beneath the surface of a seemingly clear-cut outcome. This lack of judicial precision, which was bound to cause heated debate about the practical implications of the judgment, reflects the basic tension between the prohibition of refoulement and the absence of a right to asylum in classic accounts of international refugee law. It will be argued that the judicial vindication of the Spanish 'hot returns' policy does not call into question non-refoulement obligations; it aims at identifying graded procedural standards for different categories of refugees and migrants. By contrast, the novel insistence on the abstract availability of legal channels of entry presents itself as a humanitarian fig leaf for the acceptance of strict control practices. At an intermediate level of abstraction, the two rulings mark a watershed moment, indicating the provisional endpoint of an impressive period of interpretative dynamism on the part of the ECtHR, which has played a critical role in the progressive evolution of international refugee and human rights law over the past three decades. Experts in asylum law who have become accustomed to supranational courts advancing the position of individuals will benefit from the insights of constitutional theory and the social sciences to rationalize why the former vigour has given way to a period of hesitation and potential standstill, at least in Europe. This analysis employs the perspective of strategic litigation to discuss contextual factors hindering the continued dynamism of human rights jurisprudence in Europe at this juncture.
The main objective of this paper is to address some of the obstacles that Argentina deals with in the present day to develop an integration oriented policy for international protection of forced migration. Thus, first of all, the discussion is centered on the international context that forces the States to take on stronger responsibilities towards the international protection of people who are forced to flee from armed conflicts that threaten their lives, and from natural disasters and their consequences in the middle and longer term. Second of all, a renewed interest in defining a regional agenda about this issue, showcased in the joint collaboration for action plans for the Americas on the basis of the broader refugee definition of the Cartagena Declaration. The final part discusses the changes that took place in Argentina, in the regulatory-administrative level as well as in the political commitment, in response to the forced migration, emphasizing in the humanitarian visa programmes for Syrian and Haitian persons, and their differences in comparison to de asylum policies. ; Fil: Figari Costa, Nicolás B. Universidad de Buenos Aires. Facultad de Derecho. Cátedra Derecho Internacional de los Refugiados. Buenos Aires, Argentina ; Fil: Penchaszadeh, Ana Paula. Universidad de Buenos Aires. Facultad de Ciencias Sociales. Buenos Aires, Argentina ; Fil: Penchaszadeh, Ana Paula. Universidad de Buenos Aires. Facultad de Ciencias Sociales. Instituto de Investigaciones Gino Germani (IIGG). Buenos Aires, Argentina ; Fil: Penchaszadeh, Ana Paula. CONICET. Buenos Aires, Argentina ; Tema: Protección Internacional de Personas Refugiadas / Coordinadora Eugenia C. Contarini. -- Parte IV: Desafíos para la protección de las personas refugiadas en Argentina. -- Resumen: El objetivo de este artículo es abordar algunos de los obstáculos que enfrenta hoy la Argentina para desarrollar una política integral de protección internacional de las migraciones forzadas orientada a la integración local. Para ello, en primer lugar, se analiza la nueva coyuntura internacional que obliga a los Estados a asumir mayores responsabilidades frente la protección internacional de personas que huyen de conflictos armados donde sus vidas peligran, así como de desastres naturales y de sus consecuencias en el mediano y largo plazo. En segundo lugar, se muestra el renovado interés en definir una agenda regional sobre esta temática, manifiesto en la elaboración conjunta de planes de acción para las Américas con base en la definición ampliada de protección de la Declaración de Cartagena. Y, en tercer y último lugar, se abordan algunos cambios que han tenido lugar en Argentina, tanto a nivel normativo-administrativo como a nivel de los compromisos políticos, para dar respuesta a las migraciones forzadas, haciendo especial énfasis en los programas de visados humanitarios dirigidos a personas sirias y haitianas y sus diferencias con la política de asilo.
