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Academic Paper from the year 2018 in the subject Law - European and International Law, Intellectual Properties, University of Malta, course: M.A. European Politics, Economics and Law, language: English, abstract: The present work takes a closer look at the rare case of exclusion in asylum law. This article will analyse into detail which crimes and acts are taken in consideration. First, it will give an introduction of the legal framework of exclusion. In the second part it will analyse in depth the steps of the exclusion assessment, referring to experts such as EASO and the UNHCR. The article will conclude with a summary of the findings.Exclusion is a rare circumstance in the asylum procedure. The criteria to establish inclusion exactly like exclusion are set out in the Convention Relating to the Status of Refugees, from now on 1951 Refugee Convention. An asylum seeker who applied for international protection will go through an assessment done by an authority establishing whether he or she is entitled for international protection. If the person is entitled to protection according to the refugee definition stated in the 1951 Refugee Convention the person will be included. Being included means that the person needs protection because he or she has been forced to flee his or her country because of persecution, a refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Being included is also a prerogative for exclusion, a person cannot be excluded if he or she is first not included. The principle of exclusion is that the person who applied for asylum does not deserve protection. The aim of the 1951 Refugee Convention is to protect potential victims, not to protest criminals, therefore it does not have to be misused.The reason for not deserving protection can be mainly three. The first case is when the person is already beneficiary of protection, because he or she receives assistance from organs or agencies of the United Nations. The second scenario is when the person is recognised by the competent authorities of the country in which he or she has taken residence as having the same rights and obligations of the citizen in possession of the nationality of that country. The third and maybe most controversial scenario is when the person claiming asylum is responsible of a crime or an act so serious that the person is not considered to deserve protection.
Unaccompanied child asylum seekers are amongst the world's most vulnerable populations and their numbers are increasing. This book reconceptualises the relationship between unaccompanied child asylum seekers and states.
After the last American left Saigon and 155,000 Vietnamese who left with them were resettled in the United States, Americans just wanted the Vietnam War put behind them. Many Vietnamese who stayed behind could not, and they continued their struggle of staying alive, now under new terms. Starving, their crops and catches collectivized by the new Socialist Republic of Vietnam, over 1.5 million people fled with their families in small fishing boats. But they sailed into an indifferent world. No country wanted them, most notably the United States. Faced with a growing, unwelcome population, the countries of first refuge along the periphery of the South China Sea forced the overcrowded refugee boats back onto the open ocean. Hundreds of thousands of Vietnamese perished. On a Sunday morning in Thailand, Mike Harpold was on assignment at refugee camps in Southeast Asia to prepare a report for a congressional hearing on the boat people. Alerted by a doctor with Médecins Sans Frontières, Harpold rushed to the aid of thirty-four Vietnamese men, women, and children whose disabled boat was about to be towed out to sea by the Thai Navy and cast adrift - certain death for all aboard. He had ten minutes to come up with a way to save them. What Harpold did next forced a change in US policy, encouraged Americans to once again look into their soul, and demonstrated how one person with integrity and courage can make the difference in the lives of thousands. For a tale to restore your faith in humanity and America, this is a must-read. -- Terry Pyles
Eine zentrale Herausforderung der Migrationssteuerung auf Unionsebene ist die "Bekämpfung" irregulärer Einwanderung. Die vorliegende Arbeit widmet sich einem der drängendsten Probleme der EU-Rückführungspolitik, in concreto der niedrigen Rückführungsrate irregulär aufhältiger Migrant:innen. Die Rückführungsrichtlinie der EU erlegt den Mitgliedstaaten in diesem Zusammenhang die Pflicht auf, gegen jede drittstaatsangehörige Person, die sich irregulär in der EU aufhält, eine Rückkehrentscheidung zu erlassen, wobei jährlich nur rund 40 % aller Rückkehrentscheidungen auch tatsächlich vollzogen werden. Die EU schafft es insgesamt aber trotz der rechtlichen und politischen Bemühungen kaum, Fortschritte im Hinblick auf die Vorgaben der Rückführungsrichtlinie zu machen. Mögliche Lösungsansätze finden sich in den Rechtsordnungen ausgewählter Mitgliedstaaten. Deshalb wird die österreichische, deutsche und spanische Rechtslage in einem Rechtsvergleich analysiert. Die drei Mitgliedstaaten "bekämpfen" den irregulären Aufenthalt von Migrant:innen mithilfe eines differenzierten Systems von Regularisierungen. Regularisierungen, verstanden als Rechtsinstrument, stellen eine Alternative zu Rückführungen dar und umschreiben jede rechtliche Entscheidung, die irregulär aufhältigen Migrant:innen ein Aufenthaltsrecht gewährt. Sie beenden den irregulären Aufenthalt von Migrant:innen, allerdings nicht durch eine Rückführung im Sinne einer Außerlandesbringung, sondern durch die Gewährung eines Aufenthaltsrechts. Anhand dieser Untersuchung wird die folgende These entwickelt: Durch unionsrechtlich normierte Regularisierungen, die die derzeitige Rückführungspolitik der EU ergänzen, wird die irreguläre Einwanderung auf Unionsebene wirksamer "bekämpft".'Combatting' irregular migration is one of the key challenges to migration management at EU level. The present book addresses one of the most pressing structural problems regarding the EU's return policy: the low return rate of irregularly staying migrants. In this regard the EU Return Directive obliges Member States to issue a return decision, yet only 40% of such decisions are enforced annually. Moreover, despite the political and legal efforts, the EU is not making any significant progress in enforcing the rules it has laid down in the Return Directive. The legislation of EU Member States may, however, serve as a source for possible solutions to 'combat' the problem of irregularly staying migrants. It is for this reason that the book compares the system of regularisations in Austria, Germany and Spain. Regularisations constitute an effective alternative to returns because they terminate the irregular residence of migrants, not through deportation, but rather by granting a right of residence. Regularisation is therefore understood as each legal decision that awards legal residency to irregularly staying migrants. As is shown by the examination and comparison of regularisations in Austria, Germany and Spain, differentiated systems of regularisation exist at national level. However, EU regularisations supplementing the present return policy would be more effective at 'combatting' irregular migration at EU level.
Who are the perpetrators of modern slavery? Why do they exploit others and what might be done to stop that exploitation? Reporting on the first primary study of modern slavery offenders, the book depicts the findings of in-depth interviews with people accused of, and convicted for, committing modern slavery offences
This book focuses on border deaths at sea and unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory. It questions whether this is also accompanied with an obligation to respect the right to life under the ECHR when doing so.
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Contains the complete official study materials reproduced from Life in the United Kingdom: A guide for new residents 3rd edition, practice tests, expert study advice and diagrams. Purchasers get a free subscription to online practice tests at www.lifeintheuk.net. Everything you need to pass the test with confidence in one book.