Related Research Articles
An asylum seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. A person keeps the status of asylum seeker until the right of asylum application has concluded.
Forced displacement is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, generalized violence or human rights violations".
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.
The Dublin Regulation is a Regulation of the European Union that determines which EU member state is responsible for the examination of an application for asylum, submitted by persons seeking international protection under the Geneva Convention and the Qualification Directive, within the European Union.
The right of asylum, sometimes called right of political asylum, is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another entity which in medieval times could offer sanctuary. This right was recognized by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners. Contemporary right of asylum is founded on the non-binding Universal Declaration of Human Rights.
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure. Mandatory detention refers to the practice of compulsorily detaining or imprisoning people who are considered to be illegal immigrants or unauthorized arrivals into a country. Some countries have set a maximum period of detention, while others permit indefinite detention.
Non-refoulement is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting any person to any country in which their "life or freedom would be threatened" on account of "race, religion, nationality, membership of a particular social group or political opinion". The only exception to non-refoulement according to Convention Relating to the Status of Refugees are "reasonable grounds" of "danger to the security of the country" or "danger to the community of that country". Unlike political asylum, which applies only to those who can prove a well-grounded fear of political persecution, non-refoulement refers to the generic deportation of people, including refugees into war zones and other disaster locales.
Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and other imposed sanctions.
An unaccompanied minor is a child without the presence of a legal guardian.
The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside their country of nationality or habitual residence; has a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail themself of the protection of that country, or to return there, for fear of persecution". Upon receiving an asylum seeker's application, the Russian Migration Service determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum.
South Africa experiences a relatively high influx of immigration annually. As of 2019, the number of immigrants entering the country continues to increase, the majority of whom are working residents and hold great influence over the continued presence of several sectors throughout South Africa. The demographic background of these migrant groups is very diverse, with many of the countries of origin belonging to nations throughout sub-saharan Africa. A portion of them have qualified as refugees since the 1990s.
African immigration to Israel is the international movement to Israel from Africa of people that are not natives or do not possess Israeli citizenship in order to settle or reside there. This phenomenon began in the second half of the 2000s, when a large number of people from Africa entered Israel, mainly through the then-lightly fenced border between Israel and Egypt in the Sinai Peninsula. According to the data of the Israeli Interior Ministry, 26,635 people arrived illegally in this way by July 2010, and over 55,000 by January 2012. In an attempt to curb the influx, Israel constructed the Egypt–Israel barrier. Since its completion in December 2013, the barrier has almost completely stopped the immigration of Africans into Israel across the Sinai border.
Plaintiff M70 is a decision by the High Court of Australia. The lawsuit concerned an injunction sought by multiple Afghan asylum seekers against immigration minister Chris Bowen. The injunction was to prevent Bowen from deporting the plaintiffs to Malaysia, pursuant to s198A of the Migration Act. The purpose of the deportation was to avoid their asylum application from being assessed by Australia.
The right of asylum for victims of political persecution is a basic right stipulated in the Constitution of Germany. In a wider sense, the right of asylum recognises the definition of 'refugee' as established in the 1951 Refugee Convention and is understood to protect asylum seekers from deportation and grant them certain protections under the law. Generally, these protections are a part of the asylum procedure itself and are verified by the Federal Office For Migration and Refugees without any further application.
In Azerbaijan, migration policy is handled by the State Migration Service, and appropriate departments of Ministry of Labor and Social Protection of Population, Ministry of Healthcare, Ministry of Foreign Affairs, Ministry of İnternal Affairs, State Border Service, State Committee of Republic of Azerbaijan for Refugees and IDPs and State Security Service. Migration Code, Law on Citizenship, Law on Immigration are the foundations of migration policy in Azerbaijan. An independent migration office - State Migration Service was established on March 19, 2007 to regulate fast-paced migrant and prepare comprehensive and efficient migration policies.
The migration and asylum policy of the European Union is within the area of freedom, security and justice, established to develop and harmonise principles and measures used by member countries of the European Union to regulate migration processes and to manage issues concerning asylum and refugee status in the European Union.
Pushback is a term that refers to "a set of state measures by which refugees and migrants are forced back over a border – generally immediately after they crossed it – without consideration of their individual circumstances and without any possibility to apply for asylum". Pushbacks violate the prohibition of collective expulsion of asylum seekers in Protocol 4 in countries party to the European Convention on Human Rights and often violate the international law prohibition on non-refoulement.
Asylum law in Switzerland is the responsibility of the Swiss Confederation, while the cantons are responsible for implementing the decisions of the State Secretariat for Migration (SEM).
Switzerland's asylum residence permits are varied and grant very different rights. Any foreigner staying in Switzerland for more than three months must have a residence permit. On arrival in Switzerland, an asylum procedure can be opened by a simple request at an airport or border crossing. Since March 1, 2019, asylum procedures have been carried out in six areas of the country. A Federal Center for Asylum Seekers (CFA), responsible for procedural tasks, is located in each of them.
References
- ↑ "Impediments to the expulsion of non-nationals - Research Portal | Lancaster University".
- ↑ http://www.emnsweden.se/download/18.5bc6881815e14db67502902/1512135890805/EMN-AHQ_2017.1188_SE_practical_impediments_of_enforcement_and_residence_for_tcns.pdf Archived 2022-02-06 at the Wayback Machine [ bare URL PDF ]
- ↑ "Refugees and asylum seekers: Humanitarian migration in Germany | European immigration migration law | News". www.migrationsrecht.net. 2014-09-08. Archived from the original on 2014-09-08. Retrieved 2022-02-05.
- ↑ "fulltext":["impediment to expulsion","kpthesaurus":["350"]} Search results on "Impediment to expulsion" in the European Court of Human Rights archive