Refuge

Refuge is a magazine specializing in Social Science topics.

Articles from Vol. 25, No. 2, Fall

Abandoning Refugees? an Analysis of the Legal Framework Governing Non-Compliant Claimants in Canada
Abstract The refugee status determination (RSD) process in Canada, like the RSD processes of other states, currently rejects one in fifteen refugee claims based upon the non-compliance of refugee claimants with the rules of the process. Most commonly...
A Foot in the Door: Access to Asylum in South Africa
Abstract Asylum seekers in South Africa experience extreme difficulties lodging their claims at the Department of Home Affairs. This paper utilizes new survey data to measure the extent of the Department's failures to provide access to the status...
An Evaluation of South Africa's Application of the OAU Refugee Definition
Abstract This paper undertakes an analysis of South Africa's application of the OAU Convention's expanded refugee definition. It finds that in the first stage of South Africa's refugee status determination process, government officials tasked with...
"Building a Better Refugee Status Determination System": Introduction
The numbers that provide a context for this issue on refugee status determination (RSD), though stark and well-known, bear repeating. In excess of two hundred million people live outside of their country of nationality. (1) Sixty-seven million people...
Building the Infrastructure for the Observance of Refugee Rights in the Global South
Abstract Refugees in the Global South face many serious violations of their rights. Several major host states have failed to ratify both the Refugee Convention and the 1967 Protocol. However, even among those states that have ratified one or both,...
Canada's Refugee Status Determination System and the International Norm of Independence
Abstract Refugee protection decisions engage migrants' fundamental life, liberty, and security of the person interests. As a result, refugee protection claimants enjoy institutional and procedural rights under conventional international law. These...
Explaining Inequality in the Implementation of Asylum Law
Abstract The goal of this research was to identify factors that account for procedural and substantive inequality in implementing asylum law. The decisions of ninety-eight caseworkers of the Dutch Immigration and Naturalization Service on an asylum...
Life after Refusal to Enter: Reflections of an Immigration Judge
Abstract This article is a personal account of an immigration judge in the UK. The history of attitudes towards immigrants in the UK since the Edict of Nantes is briefly sketched along with the sporadic emergence of review systems of executive...
Refugees, Inequality, and Human Development
Abstract This paper examines the relation between refugee movements and indicators of income, education, and life expectancy in sending and receiving countries. Countries which score low on the Human Development Index are more likely to experience...
Refugee Status Determination in Brazil: A Tripartite Enterprise
Abstract Refugee Status Determination (RSD) in Brazil is nowadays a tripartite enterprise, involving UNHCR, the Brazilian government, and civil society. This tripartite character, and especially the participation of the civil society is an impressive...
Research Workshop on Critical Issues in International Refugee Law: May 1 and 2, 2008, York University
Abstract This paper provides a brief outline and summary of the key academic papers and review commentators' remarks that were presented at the Research Workshop on Critical Issues in International Refugee Law that was held at York University, Toronto,...
Responsibility Sharing or Shifting? "Safe" Third Countries and International Law
Abstract This article assesses the legality at international law of "protection elsewhere" policies, that is, policies whereby responsibility for refugees is transferred between states such as in the US-Canada Sale Third Country Agreement. An analysis...
Thamotharem and Guideline 7 of the IRB: Rethinking the Scope of the Fettering of Discretion Doctrine
Abstract The author examines Guideline 7--Concerning Preparation and Conduct of a Hearing in the Refugee Protection Division of the Immigration and Refugee Board. She critiques the use of the fettering of discretion doctrine when it is applied to...
The Guideline on Procedures with Respect to Vulnerable Persons Appearing before the Immigration and Refugee Board of Canada: A Critical Overview
Abstract This paper presents a critical overview of the Guideline on Vulnerable Persons, adopted by Canada's Immigration and Refugee Board (IRB) in December 2006 with the goal of providing procedural accommodations for vulnerable individuals appearing...
The Many Faces of "Prima Facie": Group-Based Evidence in Refugee Status Determination
Abstract The majority of the world's refugees have secured a legal status without resort to an individual examination of their claims. The practice of "group" determination, particularly in Africa, is interesting in several aspects, not least in...
The Use of COI in the Refugee Status Determination Process in the UK: Looking Back, Reaching Forward
Abstract In the context of Refugee Status Determination (RSD), while the primary form of evidence is the testimony of the asylum applicant, objective evidence in the form of Country of Origin Information (COI) is recognized as an important--and...