Seeking Asylum

Seeking Asylum : Comparative Law and Practice in Selected European Countries

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Description

The human and political problems presented by refugees and asylum are acute and are not improving. This is reflected in international concern and the existence of a treaty framework. The emergent body of refugee law is an amalgam of international, regional and national rules and procedures. But it is national law and practice, particularly with regard to immigration, which in reality determines an individual's right to asylum. The key to a true appreciation and understanding of the plight of refugees and the extent of their current rights therefore lies in national law and practice. This text is a comparative study of the relevant law and practice of six European States. It supplies some essential groundwork for the development of common law and policy in this vital area within the enlarged European Union.
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Product details

  • Hardback | 224 pages
  • 155 x 235 x 25.4mm | 504g
  • Dordrecht, Netherlands
  • English
  • 1995 ed.
  • 0792331524
  • 9780792331520

Table of contents

1: Introduction. 1. The definition of the term refugee. 2. The 'right' of asylum. 3. Refugees as a problem for states. 4. Book outline. 2: Admission Procedures for Asylum Seekers. 1. Relevant domestic provisions. 2. General features of the asylum procedure. 3. Participation of the UNHCR. 3: Rights of Appeal. 1. The Belgian `Commission Permanente de Recours des Refugies'. 2. The German administrative court systems and the `Bundesverfassungsgericht'. 3. The French `Commission de Recours des Refugies'. 4. The Swedish Aliens Appeals Board. 5. The Swiss `Commission de Recours en matiere d'Asile'. 6. The British system of an Adjudicator and the Immigration Appeals Tribunal. 4: Standard of Proof and Rules of Evidence. 1. Proving the existence of a `well-founded fear of persecution'. 2. Proving the lack of protection. 5: Protection Against `Refoulement' and Living Conditions During the Pre-Asylum Period. 1. Restrictions to the free movement of asylum seekers. 2. Employment, education and social assistance. 6: De facto Refugees: a Legal Status or a Mere Tolerance? 1. General observation at a European level. 2. A legal status in Sweden. 3. A mere tolerance in the Federal Republic of Germany, in Switzerland and in the United Kingdom. 4. The particular situation of Belgium and France. 7: The Granting of Refugee Status and of Durable Asylum. 1. Particular situations. 2. The status of convention refugees. 8: Conclusion. 1. Politics of `non-entree'. 2. Few are recognized as convention refugees. 3. Prospects for harmonization. Summary of the principal national legislation. Bibliography. Index.
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Review Text

' ...achieves its posited aims of considering in detail the law and practice of the six States selected, and would be a welcome addition to any library. '
International and Comparative Law Quarterly , 46.
` ... provides much useful information, discloses important elements of domestic law and practice, and points out critical aspects of the ongoing EU/EC harmonization of asylum policy. '
Nordic Journal of International Law , 66 (1997).
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Review quote

'...achieves its posited aims of considering in detail the law and practice of the six States selected, and would be a welcome addition to any library.'
International and Comparative Law Quarterly, 46.
`... provides much useful information, discloses important elements of domestic law and practice, and points out critical aspects of the ongoing EU/EC harmonization of asylum policy.'
Nordic Journal of International Law, 66 (1997).
show more