The U.S. asylum system is noble but flawed. Scholars have long recognized that asylum is a "scarce" political resource, but U.S. law persists in distributing access to asylum based on an asylum seeker's ability to circumvent migration controls rather than the strength of the asylum seeker's claim for protection. To apply for asylum, an asylum seeker must either arrange to be smuggled into the United States or lie to the consulate while abroad to obtain a nonimmigrant visa. Nonimmigrant visa requirements effectively filter the pool of asylum applicants according to wealth, educational attainment, and intent not to remain in the United States indefinitely--criteria completely unrelated to or at odds with the purposes of refugee law. The system as currently designed, therefore, selects asylum seekers based entirely on their ability to satisfy irrelevant criteria and without regard to their relative need for protection from persecution. Such a system fails to maximize the humanitarian benefits of scarce U.S. asylum resources. To better protect individuals facing serious persecution, this Article contends, Congress should consider reforming the immigration laws to provide for an "asylum visa" to be made available to certain foreign nationals. U.S. consulates abroad, under proper and limited circumstances, might issue this visa to foreign nationals who demonstrate a credible fear of persecution on a ground enumerated in the United Nations Convention Relating to the Status of Refugees (Refugee Convention). Applicants would then lawfully enter the United States and apply for asylum. Successful applicants would remain, and unsuccessful applicants would face removal. Drawing on the extant literature on "protected entry procedures" (PEPs) that once existed in Europe, this Article considers the costs and benefits of the practice of issuing asylum visas. This Article concludes that, despite serious and uncertain costs and the impracticability of issuing asylum visas in some countries, this practice would likely create ...
Presents the for-profit Direct Provision asylum system in the Republic of Ireland describing and theorizing the remote asylum centres throughout the country as a disavowed incarceration system, operated by private companies and hidden from public view.
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In: Liam Thornton, "EU Asylum Policy: Reception Conditions for Asylum Seekers" in Lewis, T. Report on coherence of human rights policy making in EU Institutions and other EU agencies and bodies (September 2014), pp. 105-111. [Large-Scale FP7 Collaborative Project, GA No. 320000]
In: International law reports, Band 17, S. 280-295
ISSN: 2633-707X
International Law — Sources of — Customary International Law — Conditions of.States — Independence — Intervention — Prohibition of — Asylum in Legations and Prohibition of Intervention.International Court of Justice — Procedure — Counter — claims.280Diplomatic Intercourse — Legation Buildings — Asylum in — Power to Grant Asylum — Power to Qualify Unilaterally Nature of the Offence — Grant of Asylum Conceived as Intervention — Duty to Grant Safe-Conduct — Meaning of the Expression "Urgent Cases" — Requirements of the Creation of Customary International Law — Havana Convention of 1928 — Limits of Admissibility of Counter-Claims.
Church asylum, or sanctuary, is a practice to support, counsel and give shelter to refugees who are threatened with deportation to inhumane living conditions, torture or even death. This practice can be located at the interface of benevolence and politics.
Drawing on first-hand ethnographic data, field interviews with interpreters, interviewers and decision-makers, observations and off-record comments, The Asylum Speaker examines discursive processes in the asylum procedure and the impact these processes may have on the determination of refugee status. The book starts from the assumption that far-reaching legal decisions often have to be made on very limited grounds. Unable to submit any evidence to substantiate their case, the only chance that many asylum seekers have is to argue their case during the oral hearings with public officials at the
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