Chapter 1 : Immigration and Refugee Law and Policy, 5th ebay Immigration and Naturalization Service Refugee Law and Policy Timeline, USCIS began overseeing refugee admissions to the U.S. when it began operations on March 1, Before then, the Immigration and Naturalization Service (INS) administered refugee admissions. The last few years have also seen the resurgence of emigration flows from some EU Member States into other countries and regions in the world. This is coupled with the creation of an Internal Market where free movement of EU citizens in ensured and the establishment of an area of freedom, security and justice whose external borders are jointly controlled. A number of complex policies and legislation have therefore been adopted in order to address these phenomena while cooperating with third countries in the areas of migration and asylum. For those living and working outside the EU, understanding its migration system can be a true challenge. This course will focus on the various aspects of EU immigration and asylum law, in particular: Course structure The course involves approximately 30 hours of reading, on-line working groups, interaction among students and the instructors, webinars, quizzes and a writing assignment, and is offered over a six-week period. The course will integrate active and participatory learning approaches within activities and assignments, with an emphasis on reflective and collaborative learning. The maximum number of course participants is Students who successfully complete the course will receive a Certificate of Participation. It is also possible to audit the course. Course outline Week 1. EU Asylum Law Week 5. Borders in the EU: Irregular Migration in the EU About the instructor: His area of expertise is EU Migration Law and he is currently interested in migration law and policies in South America and in the process of construction of a South American citizenship. He has published widely in the area of European Migration Law, including his book: He has also co-edited three other books: She has published several books and articles on asylum in international and EU law, including the Research Handbook on International Law and Migration with V. Chetail, and Seeking Asylum in the European Union: Who should apply The course is aimed at EU policy makers; MEPs assistants; staff members of European think tanks; national authorities of EU and non-eu countries dealing with migration and asylum policies; staff of inter-governmental organisations such as the IOM and UNHCR; NGO staff members and service providers; and students of law, international relations, politics and social science. Participants should have a good written command of English and have high competence and comfort with computer and Internet use. HREA aims to ensure equal gender and geographical distribution across the selected participants. Costs Tuition fee for participants: Bulk rates are available. Payments are due upon registration. Page 1
Chapter 2 : Stephen H. Legomsky (Author of Immigration and Refugee Law and Policy) Since its initial publication in, this casebook has been adopted at U.S. law schools. It mixes theory, policy, and politics with practice-oriented materials that deal in doctrine, planning, and problem-solving. Federal Courts Act, R. Canada Minister of Citizenship and Immigration, [] S. International human rights instruments to which Canada is a signatory, including the CRC, stress the centrality of the best interests of a child. United States of America, [] S. The Court considers the best interests of the child in the extradition context as compared to an application for permanent residence on humanitarian and compassionate grounds in the immigration context. However, the Court also indicates that the criminal law context of extradition differentiates the case from humanitarian and compassionate discretion in the immigration context, and ultimately determines that the consequences of the mother having to face criminal charges abroad cannot in themselves be seen to be unjust or oppressive. Canada Minister of Citizenship and Immigration, [] F. Children will rarely, if ever, be deserving of any hardship. The Appellant had failed to disclose their existence at the time of her application for permanent residence to Canada. They had remained in the Philippines with their father at that time. The Court determined that s. The Court also referenced Article 12 of the CRC in support of its conclusion that in the context of a child refugee, the views of the child gain greater importance. The fact that a child is not a party to the application does not detract from her right to be heard. Canadian Doctors for Refugee Care v. Canada Attorney General, [] F. The Court noted Canadian domestic law contemplates the exercise of parens patriae jurisdiction where necessary to ensure that the interests of children are protected. Stay of Removal and Best Interests of the Child: The Court found that it was contrary to the CRC to separate the Applicant and his children before a decision was made on the humanitarian and compassionate application because it is only during the assessment of that application that the best interests of the children could be fully addressed and treated as a primary consideration as required under Article 3 of the CRC. A Is a designated representative required? A failure to comply with the express and implied procedural duties imposed by the Act may constitute a breach of a principle of natural justice. Without representation, an individual may not able to participate effectively in the decision-making process, especially when facing a more powerful adversary, such as a government department. Does a minor require both counsel and a designated representative? Although he was represented by counsel at the hearing, the young person went through each stage of the proceeding, except for the actual hearing, without the assistance of a designated representative. The need for the designation of a representative applies to the entirety of the proceedings in respect of a refugee claim and not just to the actual hearing of the claim. Page 2
Chapter 3 : Canadian Bar Association - Immigration and Refugee Law Immigration and Refugee Law and Policy (University Casebook Series) [Stephen H. Legomsky] on racedaydvl.com *FREE* shipping on qualifying offers. Book by Legomsky, Stephen H. International Law and U. This lesson looks at international law and U. It tells about the international treaties on refugees, how the United States has responded to refugees since World War II, and current U. In the activity, students look at some refugee policies of other countries and decide whether they violate international law on refugees. Identify and interpret the meaning of the definition of a refugee under international law. Express a reasoned opinion on whether the United States should remain a party to the international protocol on refugees. Explain the policy of the United States toward refugees from to Analyze policies of other countries on refugees to see whether they comply with international law. Understands economic, social, and cultural developments in the contemporary United States. II 2 Understands the factors that prompted new immigration in contemporary American society e. California History-Social Science Standard Students analyze the major social problems and domestic policy issues in contemporary American society. Policy The world has always had refugees-people fleeing from their home country because of wars or persecution. During World War II, Jews and other refugees trying to escape from Nazi persecution were often refused admittance into other countries. Following the war, millions of people were displaced from their homelands. The United Nations took action to alleviate the refugee crisis and try to prevent the refugee tragedies of World War II from ever happening again. Article 14 declares, "Everyone has the right to seek and to enjoy in other countries asylum from persecution. High Commissioner for Refugees to coordinate international action to protect refugees and resolve refugee problems. This was the first international government agency to deal with refugees. This international treaty was designed to protect the refugees from World War II. It did not apply to other refugees. As new conflicts created more refugees in the world, the United Nations added the Protocol Relating to the Status of Refugees in This treaty extended protection to all refugees. These treaties defined refugees as people who have fled their home country and who are afraid to return because of "a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Countries signing the treaties agree never to return a refugee to a country where he or she fears persecution. The United States never signed the first treaty. In, it reaffirmed its commitment to strict immigration quotas which did not change until It did pass laws, however, allowing admissions of many refugees from war-torn Europe and from communist countries. In the s and s, many refugees came from Eastern Europe and Cuba. In, President Lyndon Johnson signed and the Senate ratified the Protocol on the Status of Refugees, the international treaty on refugees. In the s, refugees started coming from Vietnam and Cambodia. In, Cuban leader Fidel Castro briefly allowed anyone to leave Cuba who wanted to, and a flood of Cuban refugees arrived in the United States. Also in, Congress passed the Refugee Act. This codified into law the provisions of the international Protocol on the Status of Refugees. It also attempted to regulate the flow of refugees. It gave the president power, after consulting with Congress, to set a number of slots aside each year for refugees. No cap was put on asylum seekers, but there are usually fewer of them than refugees. The first year, 50, slots were opened for refugees. In, the United Nations created the office of U. High Commissioner for Refugees, the first international government agency to deal with refugees. United Nations Photo The requirements for refugee status and asylum are the same under international and U. The person must have a "well-grounded" fear of persecution if he or she returns to the home country. Refugees outside the United States apply for refugee status. Those who have already landed in the United States apply for asylum. Once people have attained asylum or refugee status, they can apply for U. High Commissioner for Refugees estimated that there were 12 million refugees worldwide in About 4 million of them have fled from Afghanistan. They live in camps in Pakistan and Iran. Almost, of them came to Pakistan in the year alone. Another 6 million people are considered people "of concern. War or conflict has ravaged their countries, and they have fled their homes. But they have not crossed into another country. The goal of the High Commissioner is to provide ways to keep these people safe until they can return home or until they find a new Page 3
home in another country. About 1 million refugees returned to their homes in Unfortunately, the same number fled from other countries. So the number of refugees worldwide remained constant. Many countries accept refugees on a temporary basis until they can return home or go elsewhere. But only 17 countries in the world take refugees for permanent resettlement. Every year, the United States takes more refugees for resettlement than all the other countries combined. For example, in, the United States accepted about 68, refugees. The second highest country, Canada, accepted about 12, In, the president set aside 80, slots for refugees, but about 10, of these slots remained unfilled. Arrivals fell even lower in, with only about 27, arriving for the 70, allotted places. Halfway through, the numbers were still dropping, and only about 9, had arrived by midyear. The dramatic drop can be explained by the September 11, terrorist attacks. Increased security means more time must be put into screening refugees before they enter the United States. In addition, now the sponsors of refugees must be screened. But even before September 11, the number of refugees had been declining. Each year since, the number has fallen. The reason seems to be that in previous years, the United States processed many refugees from a few countries-cuba, Vietnam, the Soviet Union. Today, the United States takes refugees from more than 60 countries. The cost and time involved in screening them has gone up. How does it define a refugee? As you interpret the definition of refugee in the convention, do you think it includes persecution based on sex fear of rape or genital mutilation, sexual orientation, or forced sterilization? If you think it does not include these types of persecution, should they be added to the convention? Why or why not? How did the Refugee Act of change this policy? Why has the number of refugees entering the United States fallen in recent years? Do you think more should be done to fill the refugee quotas each year? What, if anything, do you think could be done? In recent years, with millions of refugees in the world, human rights organizations have charged various nations with violating the U. Convention Relating to the Status of Refugees and its Protocol. The countries, in turn, have denied that their actions violate the international treaties. In this activity, students examine the incidents, determine whether they violate the treaty, and express an opinion on whether these actions should be against international law. They also decide whether the United States should remain a party to the Protocol. Divide the class into small groups. Each group should do the following: Read the sections of the U. Convention and Protocol Relating to the Status of Refugees in the box above. Read and discuss the Alleged Violations below. Determine which article of the treaty is relevant to each of the alleged violations. Be prepared to report back your decisions and your reasons for them. Have the groups report back. Discuss and vote on each incident and on whether the United States should remain a party to the protocol. Alleged Violations Pakistan and Iran after admitting millions of refugees from neighboring Afghanistan closed their borders to all refugees after September 11, Did the border closures violate the convention and protocol? After taking in many refugees from Afghanistan, the Greek government now has its coast guard patrol its shores and prevent ships carrying refugees from entering its waters. Does the policy of turning back refugees in international waters violate the treaties? Australia, which has a history of admitting many refugees, decided in that any unauthorized people reaching its shores and claiming asylum would be locked in custody until their claims were settled. Chapter 4 : WULS: Stephen H. Legomsky Under U.S. law, a "refugee" is a person who is unable or unwilling to return to his or her home country because of a "well-founded fear of persecution" due to race, membership in a particular social group, political opinion, religion, or national origin. Chapter 5 : WULS: Stephen H. Legomsky Publications Get this from a library! Immigration and refugee law and policy. [Stephen H Legomsky]. Chapter 6 : Download Immigration And Refugee Law And Policy University Casebook Series PDF â PDF Page 4
racedaydvl.com: Immigration and Refugee Law and Policy (University Casebook Series) () by Stephen Legomsky; Cristina Rodriguez and a great selection of similar New, Used and Collectible Books available now at great prices. Chapter 7 : Holdings : Immigration and refugee law and policy / York University Libraries FAVORITE BOOK Immigration and Refugee Law and Policy (University Casebook Series) GET PDF. 2 years ago 0 views. Chapter 8 : EU Migration and Asylum Law and Policies HREA Stephen H. Legomsky is the author of Immigration and Refugee Law and Policy ( avg rating, 17 ratings, 1 review, published ), Immigration Law & Po. Chapter 9 : History Lesson 6: Refugees: International Law and U.S. Policy The policy surrounding, and law governing, immigration and asylum is highly complex. The government attempts to balance the needs of those seeking genuine protection and prevent the entrance of those wishing to come to the UK for undesirable purposes. Page 5