Seeking Asylum: Comparative Law and Practice in Selected European Countries

ISBN-13: 9780792331520 / Angielski / Twarda / 1995

Helene Lambert; Helene Kambert

Opis

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.

Recenzje

'...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).

Spis treści

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 Réfugiés'. 2. The German administrative court systems and the `Bundesverfassungsgericht'. 3. The French `Commission de Recours des Réfugiés'. 4. The Swedish Aliens Appeals Board. 5. The Swiss `Commission de Recours en matière 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-entrée'. 2. Few are recognized as convention refugees. 3. Prospects for harmonization. Summary of the principal national legislation. Bibliography. Index.