Francesco Cherubini's Asylum Law in the European Union PDF

By Francesco Cherubini

ISBN-10: 0415741092

ISBN-13: 9780415741095

This publication examines the foundations governing the best to asylum within the eu Union. Drawing at the 1951 United international locations conference with regards to the prestige of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum duties below overseas refugee legislations were included into the eu Union.

The e-book attracts from overseas legislations, ecu legislation and the case legislations of the eu courtroom of Human Rights, and specializes in the prohibition of refoulement; the most legal responsibility the european legislations needs to confront. Cherubini explores the twin nature of this precept, interpreting either the duty to supply a good technique that determines the stipulations of probability within the state of starting place or vacation spot, and the duty to answer a potential expulsion.

Through this research the publication sheds gentle on european competence in asylum while in regards to the various positions of Member States. The publication can be of significant use and curiosity to researchers and scholars of asylum and immigration legislations, european legislation, and public overseas law.

Show description

Read Online or Download Asylum Law in the European Union PDF

Similar emigration & immigration books

Get Immigration: Trends, Consequences and Prospects for the PDF

The sequence examine in hard work Economics all started in 1977 through Ronald Ehrenberg and JAI Press. Solomon Polachek has been editor for the reason that 1995. for the reason that 2006, the sequence has benefited from affiliating with the Institute for the learn of work (IZA) and was once prolonged to 2 volumes consistent with yr. the 1st quantity continues to be within the culture of the sequence with empirical and theoretical papers in exertions economics.

Download e-book for kindle: Migration in Irish History 1607-2007 by Patrick Fitzgerald

Migration--people relocating in as immigrants, round as migrants, and out as emigrants--is a massive topic of Irish heritage. those 3 migratory flows tend to be thought of in isolation and in terms of particular sessions. this can be the 1st e-book to supply either a survey of the final 4 centuries and an built-in research of migration, reflecting a extra inclusive definition of the 'people of Ireland'.

Download e-book for iPad: Partnership Rights, Free Movement, And EU Law (Modern by Helen Toner

This ebook considers the case for modernizing partnership rights in EC relations reunification legislations. current neighborhood legislations promises immigration rights basically to spouses and but there's a transforming into range of nationwide legislation on registered partnerships and popularity of cohabitation. The neighborhood associations presently framing laws appear to view this as a question that may be settled by means of political contract with very little open air constraint.

Arab Detroit: From Margin to Mainstream by Nabeel Abraham, Andrew Shryock PDF

Metropolitan Detroit is domestic to at least one of the most important, so much varied Arab groups open air the center East, but the advanced international Arabic-speaking immigrants have created there's slightly obvious at the panorama of ethnic the US. during this quantity, Nabeel Abraham and Andrew Shryock assemble the paintings of twenty-five participants to create a richly designated portrait of Arab Detroit.

Additional resources for Asylum Law in the European Union

Sample text

Org, especially para. , which contains an extensive reconstruction of Canadian case law in regard. More generally, see J. ).

Mahler (2011: 442–3). 103 Despite the wording of Article 1A(2), an applicant’s presence outside his/her country of origin is completely unrelated to events ‘occurring before 1 January 1951’. In other words, for an applicant to be granted refugee status he/she does not need to be outside his/her country of origin because of those events. In any case, the problem no longer arises as the reference to such ‘events’ was eliminated in the 1967 Protocol. Instead, there needs to be a link between the fact of the applicant being outside his/her country of origin and the well-founded fear, although this should not be interpreted too narrowly: the fear of persecution could arise when the applicant is no longer in the country of origin.

Zimmermann and C. Mahler (2011: 373) point out that some US judges tend to depart significantly from this line, veering very close to the ‘but for’ test on the ground that the Convention reason should play a central or paramount role. 52 M. Foster (2001–2002: 269). 53 Australian Federal Court, decision of 17 February 1999, Minister for Immigration and Multicultural Affairs v. Sarrazola, ‘Australian Law Reports’, 1999, p. 645. 54 C. W. Wouters (2009: 80, emphasis added). Arguments against the practice of attributing importance to the persecutor’s intentions for the purposes of Article 1A(2) of the Refugee Convention are found in G.

Download PDF sample

Asylum Law in the European Union by Francesco Cherubini


by David
4.3

Rated 4.34 of 5 – based on 8 votes