Al-Anezi v Minister for Immigration & Multicultural Affairs FC 355 Australian Federal court (1999)

Size: px
Start display at page:

Download "Al-Anezi v Minister for Immigration & Multicultural Affairs FC 355 Australian Federal court (1999)"

Transcription

1 Ford 1 Al-Anezi v Minister for Immigration & Multicultural Affairs FC 355 Australian Federal court (1999) Facts 1. Mr. Al -Anezi is a Bedouin derived from the Arabic Bedu which means he is an inhabitant of the desert 1 (The Bedouin Culture in Transition) 2. He was born in Kuwait in 1952 where he resided until 1991 when the invasion of Kuwait took place by Iraq. 3. Under Kuwaiti law a Bedouin is not considered a citizen. 4. Mr. Al-Anezi claims to have served in the Kuwaiti army during this time. 5. In 1974 he married an Iraqi national to whom he had ten kids, seven of which were born in Kuwait. 6. Following the war many Mr. Al-Anezi was deported along with many other Bedouins for sympathizing with Iraq during the war. 7. From September 1991 until December 1993 the defendant lived in Basra Iraq where he was not persecuted and was allowed to travel as he felt fit. 8. The applicant then moved to Jordan in 1993 where he and his family, all of which entered with Iraqi passports, gained two three month residency permits. They continued to stay after the final permit ended. During the time they legally worked and lived on a farm near Amman. 9. On the 8 th of July 1998 Mr. Al-Anezi arrived in Australia via Singapore with through the usage of a false passport. 10. On the 16 th of July 1998 Mr. Al-Anezi claimed refugee status and applied for a protection visa. 11. November 10 th 1998 the Refugee Review Tribunal affirmed the decision of a Minister not to uphold a protection visa for Mr. Al-Anezi, although they did find that he did fit the definition of a refugee in Kuwait. Questions 1. Was Mr. Al-Anezi ever a citizen of any of the three countries in which he has resided? 2. Does Mr. Al-Anezi fit the description of a refugee? 3. Does Australian law dictate that refugees may be given protection visa? 4. Did the Refugee Review Tribunal in fact look at all details necessary for this case? 1

2 Ford 2 Decisions 1. Prior to Mr. Mr. Al-Anezi s entrance into Australia he had resided in three separate countries: Kuwait, Iraq and Jordan. As a Bedouin born in Kuwait Mr. Mr. Al-Anezi had no citizenship in Kuwait, this action goes against many UN initiatives such as the UN convention on the Reduction of Statelessness which aimed to eliminate statelessness. The relationship between Mr. Al-Anezi and the Kuwaiti government would not offer any sigh as to a relationship between the two. This relationship which as seen in Liechtenstein v. Guatemala (1953), otherwise known as the Nottebohm case, in which the relationship or social contract between an individual and an inhabitant is what obligates citizenship. The expulsion of many Bedouin in including Mr. Mr. Al- Anezi along with the unconfirmed reports of Mr. Al-Anezi s service in the Kuwaiti army further symbolized the disconnect between the two and the impossibility not only to establish citizenship but, residence as well. However, Ira represents an entirely different scenario then that of Kuwait. In Iraq Mr. Al-Anezi was able to rent housing a travel around Iraq with some form of government issued identification. The fact that Mr. Al-Anezi was freely able to travel within Iraq with his documentation can prove his residence in the country was legal. This is also substantiated by the fact that many other Bedouin have been able to live comfortably in Iraq as Mr. Al Anezi had 2. Mr. Al-Anezi s wife is an Iraqi national as are three of his sons which would give him not only a reason but a legal argument to obtain citizenship. Mr. Al-Anezi never made a formal inquiry to secure his citizenship; rather he lived a de facto life as an Iraqi resident. In fact, Mr. Anezi never made any attempt to find work while in Iraq or apply for a visa when he traveled abroad to Jordan. It is clear that Mr. Al-Anezi is not a citizen of Iraq. Jordan offers another unique view, in that Mr. Al-Anezi did secure legal residence for six of his months in Jordan. After those six months Mr. Al-Anezi and his family lived illegally in Jordan also, while his wife and children entered the country with Iraqi passports Mr. Al-Anezi entered without a passport however, Jordanian law states that Bedoons may enter without legal passport. There is no evidence of a naturalization process to speak so it would appear as though only residency can be established in the country. 2

3 Ford 3 2. According to article 1 of the Convention Relating to the Status of Refugees state s that A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. (Convention Relating to the Status of Refugees) 3 Following this definition and applying it to the case at hand Mr. Al-Anezi will have to prove that he fits the definition of refugee status for each of the three States involved. In regard to Kuwait, Mr. Al-Anezi does fit the definition of a refugee, in concurrence with the decision reached by the Refugee Review Tribunal. His direct expulsion and mistreatment for his member of the Bedouin people is has created circumstances in which his return will put himself at risk. Mr. Al-Anezi fails to meet the definition of a refugee when examining his time and exit from Iraq. In Iraq Mr. Al-Anezi and his family enjoyed the benefits of the national food rationing programs as well as some forms of government ID s which allowed for their travel within the country. Bedouins were not looked upon in the same negative light in Iraq as they were in Kuwait, and there is no reasonable fear to which Mr. Al-Anezi or his family must face. Their fore there is no reason to treat Mr. Al-Anezi as a refugee in terms of his residence in Iraq. The situation and environment which Mr. Al-Anezi faced in Jordan was in fact more welcoming than his existence in Iraq. He had legal residence in Jordan as well as employment which as mentioned in the previous decision, solidify his residence to Jordan. He was not treated negatively due to any social factors (i.e. him being Bedouin) and there is no reason to expect any mistreatment or violence on his return to Jordan. The only impediment is that fact that Jordan is not signee of the Convention on Refugees and their fore has no legal mandate to protect him from expulsion to Kuwait. The aforementioned data would conclude that Jordan has made no attempt to do this in the past and has actually facilitated Mr. Al-Anezi s life in Jordan. Once again, Mr. Al-Anezi does not fit the definition of a refugee. 3

4 Ford 4 The inability for Mr. Anezi to validate his claim for refugee status in two of the three States in which he has resided in negates his claim for refugee status in Australia and his attempt to secure a protection visa. 3. Under Article 33.1 of the 1951 Refugee Convention, A State may not return an individual to his or her homeland if his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. (1951 Geneva Convention on the Status of Refugees) This clearly stated international treaty, of which Australia is a part of, mandates that Australia must in fact research whether or not an individual fits the definition and, if they do they are not allowed to expel them from their State. Article 33 clearly indicates that Mr. Al-Anezi cannot be sent back to his land of birth, Kuwait; however, Jordan and Iraq are two third party States of residence which Australia may deport Mr. Al-Anezi to. Under the direction of domestic law that request for refugee status and the visa were sent along the proper channels and viewed on by experts in the field. In the handling of Mr. Al-Anezi s request for refugee status and an associated Australian visa, the Australian authorities followed international law in hearing and addressing the suit as well as, following domestic procedure on the matter. 4. The Refugee Review Tribunal of Australia failed to take into account all of the details of the case when rendering their decision. The key error of the Tribunal was in the lack of further investigation put into the matter of Mr. Anezi s place of future dwelling. While the Tribunal found that both Iraq and Jordan would be appropriate locations for his residence, it failed to actually procure and answer or a detailed investigation as to his actual status. This failure to further investigate could possibly lead to a situation of statelessness to which Australia would take direct responsibility to and a failure of the 1951 Convention on Refugees. In failing to procure a clear and detailed assessment of Mr. Anezi s ability to secure residence in one of two, Third Party State s, Iraq and Jordan, related to the issue. This Court remanded the decision back to the Tribunal in order to deliberate on these topics. Principles The 1951 Geneva Convention on the Status of Refugees and its subsequent amendments and protocols clearly establishes that Refugees are to be protected by the international community as a whole and, that it is the mission of each state to guarantee these rights.

5 Ford 5 The status of Refugees is much more clearly established and regulated by international law and the international community as compared to Statelessness. The issue of Bedouins and other Nomadic peoples creates a unique setting for international law and domestic law as their citizenship cannot clearly be marked. Conclusion The Judge in this case found that the Refugee Review Tribunal had in fact failed to initiate enough investigation and research into the future dwelling of Mr. Al-Anezi. In finding this way the Court remanded the case back to the Tribunal for further research into the matter. This case also brought up many interesting features of international law. The uniqueness of this situation, that fact that Mr. Al-Anezi is a Bedouin, helped to further examine several key aspects of Refugee cases. The first of which is how to establish the residence or citizenship, especially in the case of a nomadic or displaced person. This case looked at the legal aspects of residence and citizenship, government documents and knowledge of the inhabitant, as well as, the social and economic life of the inhabitant. The second situation is how to handle the issue of the third party actors in a Refugee case. Whether or not Australia could deport Mr. Al-Anezi to Iraq or Jordan, two of his former places of residence, based on the fact that he did not meet the requirements of a Refugee opened up a series of very interesting decisions. The relationship of the individual and the State was used a reference for establishing the ability to deport a person to place of prior residence. Bibliography Articles and Books Geographia The Bedouin Culture in Transition bedouin.htm Office of United Nations High Commissioner for Refugees, Al-Anezi v Minister for Immigration & Multicultural Affairs, 1 April United Nations, 1951 Geneva Convention on the Status of Refugees, Guy S. Goodwin-Gill

6 Ford 6 Court Cases Al-Anezi v Minister for Immigration & Multicultural Affairs [1999] FCA 355 (Australian Federal Court

FEDERAL MAGISTRATES COURT OF AUSTRALIA

FEDERAL MAGISTRATES COURT OF AUSTRALIA FEDERAL MAGISTRATES COURT OF AUSTRALIA SZIPL v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 585 MIGRATION Review of Refugee Review Tribunal decision refusal of a protection visa applicant claiming persecution

More information

1. Article 1D in Refugee Status Determination Process

1. Article 1D in Refugee Status Determination Process AUSTRALIA 1. Article 1D in Refugee Status Determination Process There have been no changes in the legal interpretation of Article 1D of the 1951 Refugee Convention. In accordance with the leading decision

More information

REFUGEE PROTECTION UNDER THE 1951 REFUGEE CONVENTION: EXCERPTS FROM THE REFUGEE CONVENTION, CASE STUDIES AND RESOURCES

REFUGEE PROTECTION UNDER THE 1951 REFUGEE CONVENTION: EXCERPTS FROM THE REFUGEE CONVENTION, CASE STUDIES AND RESOURCES : EXCERPTS FROM THE REFUGEE CONVENTION, CASE STUDIES AND RESOURCES Convention Against Torture Training and Accreditation Programme Hong Kong Bar Association 11 June 2017 Martin Jones Senior Lecturer in

More information

Refugee Law In Hong Kong

Refugee Law In Hong Kong Refugee Law In Hong Kong 1. International Refugee Law Article 1A(2) of the 1951 Geneva Convention as amended by the 1967 Protocol defines a refugee as any person who: owing to a well-founded fear of being

More information

CHAPTER 420 REFUGEES ACT

CHAPTER 420 REFUGEES ACT REFUGEES [CAP. 420. 1 CHAPTER 420 REFUGEES ACT AN ACT to make provisions relating to and establishing procedures with regard to refugees and asylum seekers. ACT XX of 2000. 1st October, 2001 PART I General

More information

LAW OF THE REPUBLIC OF AZERBAIJAN ON STATUS OF REFUGEES AND FORCIBLY DISPLACED (PERSONS DISPLACED WITHIN THE COUNTRY) PERSONS

LAW OF THE REPUBLIC OF AZERBAIJAN ON STATUS OF REFUGEES AND FORCIBLY DISPLACED (PERSONS DISPLACED WITHIN THE COUNTRY) PERSONS Unofficial translation LAW OF THE REPUBLIC OF AZERBAIJAN ON STATUS OF REFUGEES AND FORCIBLY DISPLACED (PERSONS DISPLACED WITHIN THE COUNTRY) PERSONS CHAPTER I GENERAL PRINCIPLES Article 1. Basic concepts

More information

THE RIGHTS OF REFUGEES. Report of the Committee and Background Materials

THE RIGHTS OF REFUGEES. Report of the Committee and Background Materials THE RIGHTS OF REFUGEES Report of the Committee and Background Materials 1. INTRODUCTORY NOTE The subject "The Rights of Refugees" was referred to this Committee by the Government of the United Arab Republic

More information

CERD/C/KOR/CO/ International Convention on the Elimination of All Forms of Racial Discrimination. United Nations

CERD/C/KOR/CO/ International Convention on the Elimination of All Forms of Racial Discrimination. United Nations United Nations International Convention on the Elimination of All Forms of Racial Discrimination CERD/C/KOR/CO/15-16 Distr.: General 23 October 2012 Original: English Committee on the Elimination of Racial

More information

Office of Immigration, Naturalization and Foreign Citizens

Office of Immigration, Naturalization and Foreign Citizens TO THE ATTENTION OF FOREIGN CITIZENS PERMANENTLY RESIDING OR IMMIGRATING IN MONGOLIA AND STATELESS PERSONS. A foreign citizen who is married to a person with Mongolian citizenship and residing for over

More information

DECISION RECORD. Israel and the Occupied Territories (West Bank)

DECISION RECORD. Israel and the Occupied Territories (West Bank) 060793720 [2006] RRTA 197 (21 NOVEMBER 2006) DECISION RECORD RRT CASE NUMBER: 060793720 DIMA REFERENCE(S): COUNTRY OF REFERENCE: TRIBUNAL MEMBER: CLF2006/057583 Israel and the Occupied Territories (West

More information

Working Group on the issue of discrimination against women in law and in practice May 2017

Working Group on the issue of discrimination against women in law and in practice May 2017 Discrimination against women in nationality 1 Working Group on the issue of discrimination against women in law and in practice May 2017 I. Legal Framework Article 9 of the Convention on the Elimination

More information

NAGV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1456 (27 November 2002)

NAGV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1456 (27 November 2002) NAGV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1456 (27 November 2002) FEDERAL COURT OF AUSTRALIA NAGV of 2002 v Minister for Immigration & Multicultural & Indigenous

More information

Authority and Responsibility of States

Authority and Responsibility of States Authority and Responsibility of States Session III Nationality, Admission, Stay, Detention and Expulsion: the Balance between State Sovereignty and the Human Rights of Migrants Authority and Responsibility

More information

Migration Trends and Patterns in. Jordan:

Migration Trends and Patterns in. Jordan: School of Global Affairs and Public Policy Center for Migration and Refugee Studies Migration Trends and Patterns in U Jordan: UThe Human Rights Context Mohamed Y. Olwan 10 October 2011 1 Migration Trends

More information

THE HIGH COURT JUDICIAL REVIEW A. A. A. A. D. AND REFUGEE APPEALS TRIBUNAL AND THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

THE HIGH COURT JUDICIAL REVIEW A. A. A. A. D. AND REFUGEE APPEALS TRIBUNAL AND THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM Neutral Citation Number: [2009] IEHC 326 THE HIGH COURT JUDICIAL REVIEW 2007 1728 JR BETWEEN A. A. A. A. D. AND APPLICANT REFUGEE APPEALS TRIBUNAL AND THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

More information

IRELAND Statistical Data. 2. Status of Palestinians upon Entry into Ireland

IRELAND Statistical Data. 2. Status of Palestinians upon Entry into Ireland IRELAND 67 1. Statistical Data According to unofficial sources, some hundreds of Palestinians are living in either Dublin or Belfast today, however, no comprehensive data on the number of Palestinians

More information

COMMON LEGAL QUESTIONS ON IMMIGRATION

COMMON LEGAL QUESTIONS ON IMMIGRATION COMMON LEGAL QUESTIONS ON IMMIGRATION Who are illegal migrants? Atty. Imelda Argel, BA(Hons), LLB(UP), SAB(NSW), LLM(Syd) Solicitor of the State of New South Wales Solicitor of the High Court of Australia

More information

appeal: A written request to a higher court to modify or reverse the judgment of lower level court.

appeal: A written request to a higher court to modify or reverse the judgment of lower level court. alien: A person who is not a citizen of the country in which he or she lives. A legal alien is someone who lives in a foreign country with the approval of that country. An undocumented, or illegal, alien

More information

The Rights of Non-Citizens

The Rights of Non-Citizens The Rights of Non-Citizens Introduction Who is a Non-Citizen? In the human rights arena the most common definition for a non-citizen is: any individual who is not a national of a State in which he or she

More information

The law of the Republic of Kazakhstan on refugees (with amendments and additions as of )

The law of the Republic of Kazakhstan on refugees (with amendments and additions as of ) Unofficial translation The law of the Republic of Kazakhstan on refugees (with amendments and additions as of 11.04.2014) On the changes to the current Code, see: Law of the RK of 03.07.14 227 V (coming

More information

Glossary of the Main Legal Words and Expressions Used In the Context of Asylum and Immigration

Glossary of the Main Legal Words and Expressions Used In the Context of Asylum and Immigration Glossary of the Main Legal Words and Expressions Used In the Context of Asylum and Immigration Legal: MW 174 December 2018 Revision It is hoped that users of the Migration Watch website may find this glossary

More information

THE KINGDOM OF SAUDI ARABIA

THE KINGDOM OF SAUDI ARABIA Submission by the United Nations High Commissioner for Refugees For the Office of the High Commissioner for Human Rights Compilation Report - Universal Periodic Review: THE KINGDOM OF SAUDI ARABIA I. BACKGROUND

More information

Number 66 of International Protection Act 2015

Number 66 of International Protection Act 2015 Number 66 of 2015 International Protection Act 2015 Number 66 of 2015 INTERNATIONAL PROTECTION ACT 2015 CONTENTS PART 1 PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Regulations

More information

Application for an Offshore Humanitarian Visa Refugee and Humanitarian (Class XB) visa

Application for an Offshore Humanitarian Visa Refugee and Humanitarian (Class XB) visa Department of Immigration and Multicultural and Indigenous Affairs Application for an Offshore Humanitarian Visa Refugee and Humanitarian (Class XB) visa Form 842 Who should use this form? You should use

More information

Statement by Roberta Cohen on Protracted Refugee Situations: Case Study Iraq American University s Washington College of Law April 20, 2011

Statement by Roberta Cohen on Protracted Refugee Situations: Case Study Iraq American University s Washington College of Law April 20, 2011 Statement by Roberta Cohen on Protracted Refugee Situations: Case Study Iraq American University s Washington College of Law April 20, 2011 In looking at protracted refugee situations, my focus will be

More information

LAW 831: INTERNATIONAL REFUGEE & ASYLUM LAW & POLICY

LAW 831: INTERNATIONAL REFUGEE & ASYLUM LAW & POLICY LAW 831: INTERNATIONAL REFUGEE & ASYLUM LAW & POLICY Corri Zoli, Ph.D. Director of Research/ Assistant Research Professor Institute for National Security and Counterterrorism (INSCT) College of Law/Maxwell

More information

STATELESS PERSONS: A DISCUSSION NOTE

STATELESS PERSONS: A DISCUSSION NOTE EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER'S PROGRAMME Forty-third session SUB-COMMITTEE OF THE WHOLE ON INTERNATIONAL PROTECTION EC/1992/SCP/CRP.4 1 April 1992 ENGLISH 18th meeting STATELESS PERSONS:

More information

1. Statistics from regarding Palestinian asylum seekers in Hungary:

1. Statistics from regarding Palestinian asylum seekers in Hungary: HUNGARY 1 1. Statistics from 2005-2009 regarding Palestinian asylum seekers in Hungary: The Hungarian Helsinki Committee (HHC) has provided the following statistical data: 2005 2006 2007 2008 2009 TOTAL

More information

LAW ON MOVEMENT AND STAY OF ALIENS AND ASSYLUM

LAW ON MOVEMENT AND STAY OF ALIENS AND ASSYLUM Pursuant to Article IV. 4. a) of the Constitution of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina, at the 26 th session of the House of Representatives held on 2, 3 and

More information

Law "On the Status of Former USSR Citizens Who are not Citizens of Latvia or Any Other State" 1

Law On the Status of Former USSR Citizens Who are not Citizens of Latvia or Any Other State 1 Law "On the Status of Former USSR Citizens Who are not Citizens of Latvia or Any Other State" 1 Article 1. Subjects of the Law (1) The subjects of this law - the non-citizens are those citizens of the

More information

REFUGEES AND STATELESS PERSONS POLITICAL ASYLUM AND INTERNATIONAL PROTECTION IN SPAIN: TRENDS IN NUMBERS AND RED TAPE

REFUGEES AND STATELESS PERSONS POLITICAL ASYLUM AND INTERNATIONAL PROTECTION IN SPAIN: TRENDS IN NUMBERS AND RED TAPE MÈTODE Science Studies Journal, 5 (2015): 59-63. University of Valencia. DOI: 10.7203/metode.81.3306 ISSN: 2174-3487. Article received: 17/02/2014, accepted: 14/03/2014. REFUGEES AND STATELESS PERSONS

More information

Border Crossing Point: shall mean any crossing point authorized by the competent authorities for crossing external borders (Source Schengen Treaty)

Border Crossing Point: shall mean any crossing point authorized by the competent authorities for crossing external borders (Source Schengen Treaty) Compiled by Josie Christodoulou, March 2005 Migration Glossary A Asylum Seeker: Persons who file in an application for asylum in the receiving country. They will remain under the status of an asylum seeker

More information

Indexed as: Thabet v. Canada (Minister of Citizenship and Immigration) (C.A.)

Indexed as: Thabet v. Canada (Minister of Citizenship and Immigration) (C.A.) A-20-96 Marwan Youssef Thabet (Appellant) v. The Minister of Citizenship and Immigration (Respondent) Indexed as: Thabet v. Canada (Minister of Citizenship and Immigration) (C.A.) Court of Appeal, Linden,

More information

Chapter 4: Migration. People on the Move

Chapter 4: Migration. People on the Move Chapter 4: Migration People on the Move Key Questions Why do people migrate? How has immigration to Canada changed from 1920 to present? What is the debate over Canada s immigration policy? How have the

More information

Draft Resolution for Committee Consideration and Recommendation

Draft Resolution for Committee Consideration and Recommendation Draft Resolution for Committee Consideration and Recommendation Committee A : Civil War and Genocide Draft Resolution Submitted for revision by the delegations to the Model United Nations, College of Charleston,

More information

PRINCIPLES CONCERNING TREATMENT OF REFUGEES

PRINCIPLES CONCERNING TREATMENT OF REFUGEES 189 ANNEXURE PRINCIPLES CONCERNING TREATMENT OF REFUGEES Definition of the term 'Refugee' A Refugee is a person who, owing to persecution or well-founded fear of prosecution for reasons of race, colour,

More information

Chapter 2: Persons of Concern to UNHCR

Chapter 2: Persons of Concern to UNHCR Chapter 2: Persons of Concern to UNHCR This Chapter provides an overview of the various categories of persons who are of concern to UNHCR. 2.1 Introduction People who have been forcibly uprooted from their

More information

Australia and Stateless Palestinians

Australia and Stateless Palestinians Savitri Taylor Abstract This article considers Australia s treatment of stateless Palestinian asylum seekers and discusses whether that treatment discharges Australia s legal and/or moral obligations towards

More information

DRAFT. 1. Definitions

DRAFT. 1. Definitions PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS ON THE SPECIFIC ASPECTS OF THE RIGHT TO A NATIONALITY AND THE ERADICATION OF STATELESSNESS IN AFRICA PREAMBLE THE STATES PARTIES to the African

More information

Palestinian Refugees Rights Series (5)

Palestinian Refugees Rights Series (5) Palestinian Refugees Rights Series (5) 2014 (1) Undocumented Palestinians in Lebanon (Non-ID Refugees) 1- The Palestinian community formation in Lebanon (an overview) The Palestinian community in Lebanon

More information

Deprivation of Citizenship, Statelessness, and International Law. More Authority (if it were needed...)

Deprivation of Citizenship, Statelessness, and International Law. More Authority (if it were needed...) Deprivation of Citizenship, Statelessness, and International Law More Authority (if it were needed...) by Guy S. Goodwin-Gill Barrister, Blackstone Chambers, Temple, London Senior Research Fellow, All

More information

Department of Defense

Department of Defense Department of Defense INSTRUCTION NUMBER 2000.11 May 13, 2010 USD(P) SUBJECT: Procedures for Handling Requests for Asylum and Temporary Refuge References: (a) DoD Directive 2000.11, subject as above, March

More information

SECOND SECTION. Communicated on 25 August Application no /14 Ahmad ASSEM HASSAN ALI against Denmark lodged on 27 March 2014

SECOND SECTION. Communicated on 25 August Application no /14 Ahmad ASSEM HASSAN ALI against Denmark lodged on 27 March 2014 SECOND SECTION Application no. 25593/14 Ahmad ASSEM HASSAN ALI against Denmark lodged on 27 March 2014 Communicated on 25 August 2016 STATEMENT OF FACTS The applicant, Mr Ahmad Assem Hassan Ali, is a Jordanian

More information

Report on the status of British residents held in Guantanamo Bay and the obligation on the UK government to provide them diplomatic support

Report on the status of British residents held in Guantanamo Bay and the obligation on the UK government to provide them diplomatic support Report on the status of British residents held in Guantanamo Bay and the obligation on the UK government to provide them diplomatic support By Asim Qureshi 12 th October 2005 Introduction The UK government,

More information

Passed by the State Duma on June 21, 2002 Approved by the Federation Council on July 10, Chapter I. General Provisions

Passed by the State Duma on June 21, 2002 Approved by the Federation Council on July 10, Chapter I. General Provisions FEDERAL LAW NO. 115-FZ OF JULY 25, 2002 ON THE LEGAL POSITION OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION (with the Amendments and Additions of June 30, 2003, August 22, November 2, 2004, July 18, December

More information

SCOPING PAPER: STATELESSNESS IN IRELAND

SCOPING PAPER: STATELESSNESS IN IRELAND SCOPING PAPER: STATELESSNESS IN IRELAND Background The primary purpose of this paper is to examine the international and national legal framework relating to statelessness, to map out as much as possible

More information

REFUGEE LAW IN INDIA

REFUGEE LAW IN INDIA An Open Access Journal from The Law Brigade (Publishing) Group 148 REFUGEE LAW IN INDIA Written by Cicily Martin 3rd year BA LLB Christ College INTRODUCTION The term refugee means a person who has been

More information

Recommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings

Recommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings Recommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings Submitted by Women s Rights Division, Human Rights Watch Trafficking in persons is a grave

More information

Structure of migration policy in Finland

Structure of migration policy in Finland Co-funded by Structure of migration policy in Finland The Finnish Government directs immigration policy and its administration following the targets set in the Government Programme and approved Government

More information

RUSSIAN FEDERATION FEDERAL LAW ON CITIZENSHIP OF THE RUSSIAN FEDERATION

RUSSIAN FEDERATION FEDERAL LAW ON CITIZENSHIP OF THE RUSSIAN FEDERATION May 31, 2002 N 62-FZ RUSSIAN FEDERATION FEDERAL LAW ON CITIZENSHIP OF THE RUSSIAN FEDERATION Adopted by the State Duma on April 19, 2002 Approved by the Council of the Federation on May 15, 2002 (as amended

More information

6Chapter Six. Summary of Findings: Protection Gaps in National Practice. Summary of Findings: Protection Gaps. in National Practice

6Chapter Six. Summary of Findings: Protection Gaps in National Practice. Summary of Findings: Protection Gaps. in National Practice Chapter Six Summary of Findings: Protection Gaps 333 Introduction Summary of Findings: Protection Gaps Based on the survey presented in the previous chapter, this chapter will elucidate and summarize the

More information

BELIZE REFUGEES ACT CHAPTER 165 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

BELIZE REFUGEES ACT CHAPTER 165 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 BELIZE REFUGEES ACT CHAPTER 165 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the

More information

International Refugee Law, Autumn semester 2010

International Refugee Law, Autumn semester 2010 International Refugee Law, Autumn semester 2010 EXECUTIVE SUMMARY OF THE COURSE Background The Universal Declaration of Human Rights recognized in 1948 a right to seek and enjoy asylum from persecution.

More information

RESOLUTION 2/18 FORCED MIGRATION OF VENEZUELANS

RESOLUTION 2/18 FORCED MIGRATION OF VENEZUELANS RESOLUTION 2/18 FORCED MIGRATION OF VENEZUELANS In its report Democratic Institutions, the Rule of Law and Human Rights in Venezuela, the Inter-American Commission on Human Rights (hereinafter IACHR )

More information

Refugee Law: Introduction. Cecilia M. Bailliet

Refugee Law: Introduction. Cecilia M. Bailliet Refugee Law: Introduction Cecilia M. Bailliet Mali Refugees Syrian Refugees Syria- Refugees and IDPs International Refugee Organization Refugee: Person who has left, or who is outside of, his country of

More information

Migration Amendment (Complementary Protection) Bill 2009

Migration Amendment (Complementary Protection) Bill 2009 Migration Amendment (Complementary Protection) Bill 2009 Submission to the Senate Legal and Constitutional Affairs Legislation Committee 28 September 2009 Queries regarding this submission should be directed

More information

The United States of America

The United States of America Refugees International The United States of America Submission to the United Nations Universal Periodic Review Session 9 - November 2010 Submitting Organization and Methodology 1. Refugees International

More information

CONSTITUTION OF BOSNIA AND HERZEGOVINA

CONSTITUTION OF BOSNIA AND HERZEGOVINA CONSTITUTION OF BOSNIA AND HERZEGOVINA Preamble Based on respect for human dignity, liberty, and equality, Dedicated to peace, justice, tolerance, and reconciliation, Convinced that democratic governmental

More information

THE CENTER FOR MIGRATION AND REFUGEE STUDIES

THE CENTER FOR MIGRATION AND REFUGEE STUDIES School of Global Affairs and Public Policy Paper No. 8/ October 2014 Displacing the Displaced: Challenging the International Framework for Palestinian Refugees in light of the Syria Crisis Jasmin Fritzsche

More information

Briefing note for Registered Migration Agents

Briefing note for Registered Migration Agents Briefing note for Registered Migration Agents Family membership and protection visa applications Version 2 Updated as 30 November 2016 An issue which can arise in practice is family membership in relation

More information

GUIDELINES ON STATELESSNESS NO.

GUIDELINES ON STATELESSNESS NO. Distr. GENERAL HCR/GS/12/04 Date: 21 December 2012 Original: ENGLISH GUIDELINES ON STATELESSNESS NO. 4: Ensuring Every Child s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention

More information

REFUGEE LAW, 1992 (PNDCL 305D)

REFUGEE LAW, 1992 (PNDCL 305D) 1 REFUGEE LAW, 1992 (PNDCL 305D) ARRANGEMENT OF SECTIONS Section PART I PROHIBITION OF EXPULSION OF REFUGEES 1. Prohibition of expulsion or return of refugees, etc. 2. Illegal entry or presence in Ghana

More information

Submission by the United Nations High Commissioner for Refugees. For the Office of the High Commissioner for Human Rights Compilation Report -

Submission by the United Nations High Commissioner for Refugees. For the Office of the High Commissioner for Human Rights Compilation Report - Submission by the United Nations High Commissioner for Refugees For the Office of the High Commissioner for Human Rights Compilation Report - Universal Periodic Review: JORDAN I. BACKGROUND INFORMATION

More information

Regarding Asylum Claims Made at Land Borders

Regarding Asylum Claims Made at Land Borders INITIALED AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA (reverse order of governments in U.S. original) Regarding Asylum Claims Made at Land Borders The

More information

Statelessness: The Impact of International Law and Current Challenges

Statelessness: The Impact of International Law and Current Challenges International Law Programme Meeting Summary Statelessness: The Impact of International Law and Current Challenges Mark Manly UNHCR Dr Laura van Waas Statelessness Program, Tilburg University Adrian Berry

More information

Platon School Model United Nations th 8th March 2015

Platon School Model United Nations th 8th March 2015 Forum: Issue: Student Officer: Position: Platon School Model United Nations 2015 6th 8th March 2015 Social and Humanitarian Committee Safeguarding the Rights of Refugees Panagiotis Krontiras Co chair PERSONAL

More information

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY. Commending States that have successfully implemented durable solutions,

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY. Commending States that have successfully implemented durable solutions, UNITED NATIONS A General Assembly Distr. GENERAL A/RES/54/146 22 February 2000 Fifty-fourth session Agenda item 111 RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY [on the report of the Third Committee (A/54/600)]

More information

Migration Terminology

Migration Terminology Migration Terminology 1 «People involved in migration» Migrant Foreigner Alien Documented migrant* Labour migrant Non-national Clandestine Undocumented migrant* Illegal migrant Irregular migrant Labour

More information

ACT ON AMENDMENDS TO THE ASYLUM ACT. Title I GENERAL PROVISIONS. Article 1

ACT ON AMENDMENDS TO THE ASYLUM ACT. Title I GENERAL PROVISIONS. Article 1 ACT ON AMENDMENDS TO THE ASYLUM ACT Title I GENERAL PROVISIONS Article 1 This Act stipulates the principles, conditions and the procedure for granting asylum, subsidiary protection, temporary protection,

More information

Glossary of the Main Legal Words and Expressions used in the Context of Asylum and Immigration

Glossary of the Main Legal Words and Expressions used in the Context of Asylum and Immigration Briefing Paper 8.0 www.migrationwatchuk.com used in the Context of Asylum and Immigration This revision introduces new definitions of protection claim and public interest considerations, both of which

More information

8. Residence in Zimbabwe pending recognition as refugee or after refusal of recognition.

8. Residence in Zimbabwe pending recognition as refugee or after refusal of recognition. Chapter 4:03 REFUGEES ACT Acts 13/1978, 22/2001. ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Interpretation. 3. Meaning of "refugee". 4. Commissioner for Refugees. 5. Establishment of Zimbabwean

More information

Re: Saudi Arabia 69 Pre-Sessional Working Group (24 July July 2017)

Re: Saudi Arabia 69 Pre-Sessional Working Group (24 July July 2017) Committee on the Elimination of Discrimination against Women Human Rights Treaties Division (HRTD) Office of the United Nations High Commissioner for Human Rights (OHCHR) Palais Wilson - 52, rue des Pâquis

More information

[2013] RRTA 492 (29 July 2013)

[2013] RRTA 492 (29 July 2013) 1210945 [2013] RRTA 492 (29 July 2013) DECISION RECORD RRT CASE NUMBER: 1210945 DIAC REFERENCE: COUNTRY OF REFERENCE: TRIBUNAL MEMBER: CLF2012/97198 Jordan Ms Philippa McIntosh DATE: 29 July 2013 PLACE

More information

IN THE UPPER TRIBUNAL

IN THE UPPER TRIBUNAL IN THE UPPER TRIBUNAL R (on the application of JM) v Secretary of State for the Home Department (Statelessness: Part 14 of HC 395) IJR [2015] UKUT 00676 (IAC) Field House London BEFORE UPPER TRIBUNAL JUDGE

More information

Published by Open Society Institute 400 West 59 th Street New York, NY USA For more information contact:

Published by Open Society Institute 400 West 59 th Street New York, NY USA   For more information contact: 0 Published by Open Society Institute 400 West 59 th Street New York, NY 10019 USA www.justiceinitiative.org For more information contact: Sebastian Köhn Program Coordinator Open Society Justice Initiative

More information

FEDERAL LAW NO. 115-FZ OF JULY 25, 2002 ON THE LEGAL POSITION OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION

FEDERAL LAW NO. 115-FZ OF JULY 25, 2002 ON THE LEGAL POSITION OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION FEDERAL LAW NO. 115-FZ OF JULY 25, 2002 ON THE LEGAL POSITION OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION Passed by the State Duma on June 21, 2002 Approved by the Federation Council on July 10, 2002

More information

Migration Information Source - Spotlight on Refugees and Asylees in the United Sta...

Migration Information Source - Spotlight on Refugees and Asylees in the United Sta... Pagina 1 di 8 Spotlight on Refugees and Asylees in the United States By Jeanne Batalova Migration Policy Institute July 13, 2009 For many people seeking protection, a neighboring country is often the first

More information

European Convention on Nationality 1. (ETS No. 166) Explanatory Report. I. Introduction. a. Historical background

European Convention on Nationality 1. (ETS No. 166) Explanatory Report. I. Introduction. a. Historical background European Convention on Nationality 1 (ETS No. 166) I. Introduction a. Historical background Explanatory Report 1. The Council of Europe (1) has dealt with issues relating to nationality (2) for over thirty

More information

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families UNITED NATIONS CMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Distr. GENERAL CMW/C/AZE/1 11 September 2007 Original: ENGLISH COMMITTEE

More information

The Refugee Council s submission to the review by Lord Carlile of Berriew QC of the definition of terrorism in UK law

The Refugee Council s submission to the review by Lord Carlile of Berriew QC of the definition of terrorism in UK law The Refugee Council s submission to the review by Lord Carlile of Berriew QC of the definition of terrorism in UK law 2 May 2006 Registered address: Refugee Council, 240-250 Ferndale Road, London SW9 8BB

More information

Ref. no. II Akz 508/04 DECREE. 29 December 2004

Ref. no. II Akz 508/04 DECREE. 29 December 2004 Ref. no. II Akz 508/04 DECREE 29 December 2004 The Court of Appeal in Wrocław, 2 nd Criminal Division in the following composition: Chairman: Court of Appeal Judge Andrzej Krawiec Judges: Court of Appeal

More information

Deprivation of Citizenship resulting in Statelessness and its Implications in International Law. Further Comments

Deprivation of Citizenship resulting in Statelessness and its Implications in International Law. Further Comments Deprivation of Citizenship resulting in Statelessness and its Implications in International Law Further Comments by Guy S. Goodwin-Gill Barrister, Blackstone Chambers, Temple, London Senior Research Fellow,

More information

Consideration of reports submitted by States parties under article 9 of the convention

Consideration of reports submitted by States parties under article 9 of the convention United Nations International Convention on the Elimination of All Forms of Racial Discrimination Distr.: General 9 March 2012 Original: English Committee on the Elimination of Racial Discrimination Eightieth

More information

BOSNIA AND HERZEGOVINA MINISTRY OF SECURITY ( )

BOSNIA AND HERZEGOVINA MINISTRY OF SECURITY ( ) BOSNIA AND HERZEGOVINA MINISTRY OF SECURITY IMMIGRATION AND ASYLUM TRAINING PROGRAM (2009 2011) Sarajevo, June 2009 Table of Contents Introduction... 5 From the Immigration and Asylum Strategy (2008-2011

More information

ARAB BAROMETER SURVEY PROJECT JORDAN REPORT

ARAB BAROMETER SURVEY PROJECT JORDAN REPORT ARAB BAROMETER SURVEY PROJECT JORDAN REPORT FARES BRAIZAT Arab Barometer: Jordan Country Report The Center for Strategic Studies at the University of Jordan undertook a survey of public opinion in Jordan

More information

FEDERAL COURT OF AUSTRALIA

FEDERAL COURT OF AUSTRALIA FEDERAL COURT OF AUSTRALIA MZXQS v Minister for Immigration and Citizenship [2009] FCA 97 MIGRATION visa protection visa whether Refugee Review Tribunal failed to consider all claims of appellants whether

More information

The European Policy Framework for Refugees, Asylum Seekers and Undocumented Migrants

The European Policy Framework for Refugees, Asylum Seekers and Undocumented Migrants The European Policy Framework for Refugees, Asylum Seekers and Undocumented Migrants A) Defining the target groups - Migrant Immigration or migration refers to the movement of people from one nation-state

More information

Report on the Human Rights Watch Report and Response to its Questions and Inquiries

Report on the Human Rights Watch Report and Response to its Questions and Inquiries Report on the Human Rights Watch Report and Response to its Questions and Inquiries (Translation by Human Rights Watch) In reference to the letter received by our embassy in Washington addressed to the

More information

FEDERAL COURT OF AUSTRALIA

FEDERAL COURT OF AUSTRALIA FEDERAL COURT OF AUSTRALIA Kumar v Minister for Immigration & Multicultural Affairs [2002] FCA 682 MIGRATION protection visas husband and wife tribunal found inconsistency in wife s evidence whether finding

More information

2009 NGOS AND RESETTLEMENT ADVOCACY

2009 NGOS AND RESETTLEMENT ADVOCACY Australian Refugee Rights Alliance No Compromise on Human Rights 2009 NGOS AND RESETTLEMENT ADVOCACY Comments Invited Dr Graham Thom, Amnesty International Alexandra Pagliaro, Amnesty International Available

More information

New Zealand s approach to Refugees: Legal obligations and current practices

New Zealand s approach to Refugees: Legal obligations and current practices New Zealand s approach to Refugees: Legal obligations and current practices Marie-Charlotte de Lapaillone The purpose of this report is to understand New Zealand s approach to its legal obligations concerning

More information

On Documents of Identification

On Documents of Identification On Documents of Identification Unofficial translation The Law of the Republic of Kazakhstan dated 29 January, 2013 No.73-V The order of enforcement of this Law see Article 31 This Law determines the legal

More information

Resolution adopted by the Human Rights Council on 30 June 2016

Resolution adopted by the Human Rights Council on 30 June 2016 United Nations General Assembly Distr.: General 18 July 2016 A/HRC/RES/32/7 Original: English Human Rights Council Thirty-second session Agenda item 3 Resolution adopted by the Human Rights Council on

More information

Defining Statelessness: The Conception of the Definition and Why It Matters Today. by Kateryna Ustymenko

Defining Statelessness: The Conception of the Definition and Why It Matters Today. by Kateryna Ustymenko Defining Statelessness: The Conception of the Definition and Why It Matters Today by Kateryna Ustymenko A Thesis Submitted to Columbia University in the City of New York In Partial Fulfillment of the Requirements

More information

REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS CHAPTER ONE GENERAL PROVISIONS

REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS CHAPTER ONE GENERAL PROVISIONS REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS Official translation 29 April 2004 No. IX-2206 As amended by 1 February 2008 No X-1442 Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose

More information

HISAR SCHOOL JUNIOR MODEL UNITED NATIONS Globalization: Creating a Common Language. Advisory Panel

HISAR SCHOOL JUNIOR MODEL UNITED NATIONS Globalization: Creating a Common Language. Advisory Panel HISAR SCHOOL JUNIOR MODEL UNITED NATIONS 2018 Globalization: Creating a Common Language Advisory Panel Ensuring the safe resettlement of Syrian refugees RESEARCH REPORT Recommended by: Iris Benardete Forum:

More information

Protecting the Rights of. Stateless Persons. The 1954 Convention relating to the Status of Stateless Persons

Protecting the Rights of. Stateless Persons. The 1954 Convention relating to the Status of Stateless Persons Protecting the Rights of Stateless Persons The 1954 Convention relating to the Status of Stateless Persons A Personal Appeal from the United Nations High Commissioner for Refugees Today, millions of people

More information

IMMIGRATION APPEAL TRIBUNAL. Before:- DR H H STOREY (VICE PRESIDENT) MR A R MACKEY (VICE PRESIDENT) MRS J A J C GLEESON (VICE PRESIDENT) Between.

IMMIGRATION APPEAL TRIBUNAL. Before:- DR H H STOREY (VICE PRESIDENT) MR A R MACKEY (VICE PRESIDENT) MRS J A J C GLEESON (VICE PRESIDENT) Between. BA and others (Bedoon statelessness risk of persecution) Kuwait CG [2004] UKIAT 00256 IMMIGRATION APPEAL TRIBUNAL Date heard: 11 June 2003 Date notified: 15th September 2004 Before:- DR H H STOREY (VICE

More information

"border" includes any point of entry into Malawi, whether by air, land or water;

border includes any point of entry into Malawi, whether by air, land or water; Refugee Act Date of entry into force: 0 8 May 1989 1. Short Title This Act may be cited as Refugee Act. 2. Interpretation (1)In this Act, unless the context otherwise requires - "border" includes any point

More information

UNHCR. Seminar on Statelessness Determination Procedures. 5 May Susan McMonagle Protection Assistant

UNHCR. Seminar on Statelessness Determination Procedures. 5 May Susan McMonagle Protection Assistant UNHCR Seminar on Statelessness Determination Procedures 5 May 2016 Susan McMonagle Protection Assistant Overview Statelessness in numbers who and where Causes of statelessness Stateless determination procedure

More information