Refugee Law

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Author:
ericburger
ID:
151938
Filename:
Refugee Law
Updated:
2012-05-03 12:59:00
Tags:
refugee law
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Description:
LLM
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  1. Article 3 ECHR - short
    Prohibition of torture
  2. Article 33 RC prohibition of expulsion or return (refoulement)
    1. No state should expel or return (refouler) where threat on account of race, religion, nationality, membership of a particular social group or political opinion.

    2. Benefit may not be claimed by: reasonable grounds for regarding as a danger to the security or convicted of particularly serious crime constitutes a danger
  3. UNHCR 4Rs
    • Repatriation
    • Reintegration
    • Rehabilitation
    • Reconstruction
  4. Article 34 RC Naturalization
    • Facilitate assimilation and naturalization
    • Expedite proceedings, reduce charges/costs
  5. Article 8 ECHR - short
    The right to respect for private and family life
  6. 8 base criteria for resettlement - short
    • 1. protection (legal/physical)
    • 2. survivors (violence/torture)
    • 3. medical
    • 4. women
    • 5. family reunification
    • 6. children
    • 7. elderly
    • 8. local integration not possible
  7. Article 2 ECHR - short
    • Right to life
    • Force no more than absolutely necessary
  8. Article 8 - 5-pronged approach
    • 1. Is there family life?
    • 2. Will the proposed measure interfere with the applicants right under article 8?
    • 3. Is the interference in accordance with the law?
    • 4. Is the interference in pursuit of a legitimate aim?
    • 5. Is the interference necessary in a democratic society?
  9. 8 base criteria for resettlement
    • Legal and physical protection
    • Survivors of violence and torture
    • Medical needs
    • Women at risk
    • Family reunification
    • Children and adolescents
    • Elderly refugees
    • Refugees without local integration prospects

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