The International Law of Refugees and the Concept of Asylum

It also provides a familiar definition. A refugee is a psyche who:

owing to a reasonable fear of being persecuted for reasons of race, religion, nationality, membership of a particular neighborly group or political opinion, is removed the untaught of his nationality and is unavailing to avail himself of the protection of that country; or who, not having a nationality and bring outside the country of his former habitual student residence is unable or owing to much(prenominal) fear, is unwilling to double back to it....

Although the amended chemical formula/Protocol definition inadequately covers motley categories of refugees which have pass off under attention since the Protocol of 1967, the oecumenic view is that the definition is nevertheless not outdated, and represents existing outside(a) law in force on the subject.

Several requirements must(prenominal) be met in order for a person to come within the definition. One is that the person must be "outside" his or her country of nationality or habitual residence. Many great deal may find themselves in refugee-like situations, and may have fled ample distances, but if no border has been crossed they will not be considered refugees. As long as a person is outside his or her country of nationality or habitual residence, it is surplus that he or she originally departed for fear of persecution. A person may already be out of the country when the situation changes, and now, because of the

With regard to the runner point, it was recognized that the expression "well-founded fear" in the Convention/Protocol definition involved a mixed subjective-objective connotation. This coincides with the overture of the United Nations High Commissioner for Refugees (UNHCR). Four justices (Mason CJ, Dawson, Toohey, and McHugh JJ) adopted the view that the abstract test of a "well-founded fear" is a reliable or substantial "chance" that the alleged refugee will be persecuted if he or she returns to the country of nationality; Justice Gaudron seemed to implicitly concur in this approach. It might be interesting to consider whether this a more viable criterion than either the "reasonable theory" test adopted by the U.S. Supreme Court in Immigration and Naturalization Service v.

Cardoza-Fonseca, or the "reasonable likelihood" test adopted by the House of Lords in R. v. business firm Secretary; Ex parte Sivakumaran.

The Inland Refugee Status Determination System

both(prenominal) Canada and the United States have traditionally charted the course of their refugee policies by followers political winds. In retrospect, Canada has been more open about such a policy since its government established explicit reasoned categories for refugees and neo-refugees. Canadian policy openly acknowledged a twist in favor of certain groups and refused to entertain applications from others. These favored groups were habituated their own immigration procedures, not all of which were as exact as the Convention definition of "refugee." The United State, however, has long tended to conceal behind the political bias of the State Department, which is indirectly accountable for making determinations concerning refugee applications. Even though this bias was hidden, it was no genuine secret that persons claiming fear of persecution in countries which were friendly to the United States had puny or no chance of being granted refugee status.

The sanction mechanism for the resettlement of refugees in Canada co
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