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Reveals the impossible demands for narrative placed on refugee applicants and their oral testimony within state processes for refugee status determination.
'A vital book for our times' ROBERT MACFARLANE 'Unflinching, complex, provocative' NIKESH SHUKLA 'A work of astonishing, insistent importance' Observer Aged eight, Dina Nayeri fled Iran along with her mother and brother, and lived in the crumbling shell of an Italian hotel-turned-refugee camp. Eventually she was granted asylum in America. Now, Nayeri weaves together her own vivid story with those of other asylum seekers in recent years. In these pages, women gather to prepare the noodles that remind them of home, a closeted queer man tries to make his case truthfully as he seeks asylum and a translator attempts to help new arrivals present their stories to officials. Surprising and provocative, The Ungrateful Refugee recalibrates the conversation around the refugee experience. Here are the real human stories of what it is like to be forced to flee your home, and to journey across borders in the hope of starting afresh.
The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.
In this book, legal, biomedical, psychosocial, and social science scholars and practitioners offer the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process. This volume presents a comprehensive study of the relevance of experts, as mediators of culture, who are called upon to corroborate, substantiate credibility, and serve as translators in the face of confusing legal standards that require proof of new forms and reasons for persecution around the globe. The authors provide insights into the evidentiary burdens on asylum seekers and the expanding role of expertise in the forms of country-conditions reports, biomedical and psychiatric evaluations, and the emerging field of forensic linguistic analysis in response to emerging forms of persecution, such as gender-based or sexuality-based persecution.
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.
This book, told by Kenney and his lawyer Philip G. Schrag from Kenney's own perspective, tells of his near-murder, imprisonment, and torture in Kenya; his remarkable escape to the United States; and the obstacle course of ordeals and proceedings he faced as U.S. government agencies sought to deport him to Kenya. As we travel with Kenney through the bureaucracies that regulate immigration, we learn that despite this country's claim to welcome political refugees, our system is too often one of arbitrary justice highly dependent on individual public officials. A story of courage, love, perseverance, and legal strategy, Asylum Denied brings to life the human costs associated with our immigration laws and suggests policy reforms that are desperately needed to help other victims of human rights violations.
The major humanitarian crises of recent years are well known: the Shoah, the killing fields of Cambodia, the Rwandan genocide, the massacre in Bosnia, and the tsunami in Southeast Asia, as well as the bloody conflicts in South Sudan, Syria, and Afghanistan. Millions have been killed and many millions more have been driven from their homes; the number of refugees and internally displaced persons has reached record levels. Could these crises have been prevented? Why do they continue to happen? This book seeks to understand how humanity itself is in crisis, and what we can do about it. Hollenbach draws on the values that have shaped major humanitarian initiatives over the past century and a half, such as the commitments of the International Committee of the Red Cross, Oxfam, Doctors Without Borders, as well as the values of diverse religious traditions, including Catholicism, to examine the scope of our responsibilities and practical solutions to these global crises. He also explores the economic and political causes of these tragedies, and uncovers key moral issues for both policy-makers and for practitioners working in humanitarian agencies and faith communities.
Many nations recognize the moral and legal obligation to accept people fleeing from persecution, but political asylum applicants in the twenty-first century face restrictive policies and cumbersome procedures. So, what counts as persecution? How do applicants translate their stories of suffering and trauma into a narrative acceptable to the immigration officials? How can asylum officials weed out the fake from the genuine without resorting to inappropriate cultural definitions of behaviour? Using both in depth accounts by asylum applicants and interviews with lawyers and others involved, this book takes the reader on a journey through the process of applying for asylum in both the United States and Great Britain. It describes how the systems address the conflicting needs of the state to protect their citizens from terrorists and the influx of hordes of unwelcome economic migrants, while at the same time adhering to their legal, moral and treaty obligations to provide safe haven for those fleeing persecution. Rejecting Refugees is an insightful and fresh evaluation of the obstacles asylum applicants face and the cultural, procedural, and political discrepancies in the political asylum process. This makes it ideal reading to students and scholars of political science, international relations, sociology, law and anthropology.
Uncovers the key civil rights battle that immigrant children fought alongside the ACLU to ensure equal access to education within a xenophobic nation Journalist Jo Napolitano delves into the landmark case in which the School District of Lancaster, Pennsylvania, was sued for refusing to admit older, non-English speaking refugees and sending them to a high-discipline alternative school. In a legal battle that mirrors that of the Little Rock Nine and Brown v. Board of Education, 6 brave refugee students fought alongside the ACLU and Education Law Center to demand equal access. The School I Deserve illuminates the lack of support immigrant and refugee children face in our public school system and presents a hopeful future where all children can receive an equal education regardless of race, ethnicity, or their country of origin. One of the students, Khadidja Issa, fled the horrific violence in war-torn Sudan with the hope of a safer life in the United States, where she could enroll in school and eventually become a nurse. Instead, she was turned away by the School District of Lancaster before she was eventually enrolled in one of its alternative schools, a campus run by a for-profit company facing multiple abuse allegations. Napolitano follows Khadidja as she joins the lawsuit as a plaintiff in the Issa v. School District of Lancaster case, a legal battle that took place right before Donald Trump’s presidential election, when immigrants and refugees were maligned on a national stage. The fiery week-long showdown between the ACLU and the school district was ultimately decided by a conservative judge who issued a shocking ruling with historic implications. The School I Deserve brings to light this crucial and underreported case, which paved the way to equal access to education for countless immigrants and refugees to come.