Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse

Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse (Amnesty International, 2017). On a day that marks four long years of the Australian Government’s deliberately abusive policies Amnesty International is pleading for an immediate plan to guarantee the safety of the two thousand people trapped on Nauru and Manus Island.

Afghanistan: sent back to a war zone

Afghanistan: sent back to a war zone (Petersmann 2017) Petersmann, Sandra. 2017. “Afghanistan: Sent back to a War Zone.” DW News, May 31. http://www.dw.com/en/afghanistan-sent-back-to-a-war-zone/a-39055955. Sandra Petersmann of DW News interviews Afghan deportees from Germany.  In the first two months of 2017, Germany denied more than half of all asylum applications.  Many of these deportees struggle in reintegrating into their countries of origin and continue to seek a route to return to Germany, where they have established strong ties.

Voluntary and Forced Returns to Afghanistan in 2016/17: Trends, statistics and experiences

Voluntary and Forced Returns to Afghanistan in 2016/17: Trends, statistics and experiences (Thomas Ruttig & Jelena Bjelica, Afghanistan Analysts Network, May 2017)   While hundreds of thousands of Afghans sought protection in Europe throughout 2015/16, an increasing number have been returning to Afghanistan, both voluntarily and involuntarily. The number of voluntary returnees from Europe picked up significantly throughout 2016, with additional returns in the first four months of 2017, reaching a total figure of over 8,000. By contrast, the number Read More

Report: Rate of deportations stagnating in Germany

Report: Rate of deportations stagnating in Germany (DW News, 2017) DW News. 2017. “Report: Rate of Deportations Stagnating in Germany,” June 4. http://www.dw.com/en/report-rate-of-deportations-stagnating-in-germany/a-39110422. Die Welt am Sonntag newspaper reported that, by the end of April, a total of 8,620 people had been sent back to their countries of origin after their asylum applications were rejected [in Germany]. The figures indicated a marked stagnation compared to last year, which saw a total of 25,375 deportations. This year has also seen fewer rejected Read More

Saudi Arabia ‘deports 40,000 Pakistani workers over terror fears’

Saudi Arabia ‘deports 40,000 Pakistani workers over terror fears’ (McKernan 2017) McKernan, Bethan. 2017. “Saudi Arabia ‘deports 40,000 Pakistani Workers over Terror Fears.’” Independent, February 13. http://www.independent.co.uk/news/world/middle-east/saudi-arabia-deports-40000-pakistan-workers-terror-fears-attacks-counter-terrorism-a7578151.html. The Kingdom of Saudi Arabia has expelled almost 40,000 Pakistani migrant workers in the last four months, local media has reported.   Over 39,000 people have been deported since October 2016 over visa violations and security concerns. The alleged mass deportations come after a year of strikes and other unrest in the kingdom due Read More

The EU-Turkey deal: what happens to people who return to Turkey?

The EU-Turkey deal: what happens to people who return to Turkey? (Sevda Tunaboylu and Jill Alpes, Forced Migration Review, 2017)   On 18th March 2016, Turkey and the European Union (EU) made a joint statement. Political leaders agreed to the return to Turkey of people who had crossed to the Greek islands through irregular channels and also agreed to prevent the arrival of new asylum seekers via sea or land – in exchange for the liberalisation of EU visa requirements Read More

Post-Deportation Risks and Monitoring Mini-Feature

Post-Deportation Risks and Monitoring Mini-Feature (Forced Migration Review, vol. 54, February 2017) People whose application for asylum has been refused are often deported, usually to their country of origin. Little is known, however, about what happens to them on that return journey, on arrival in the country to which they are deported, and during the weeks and months that follow. The articles in this mini-feature examine four cases: failed asylum seekers deported to the Democratic Republic of Congo, Sri Lanka and Read More

DSWD readies ‘action plan’ for 7,000 PH deportees from Sabah

DSWD readies ‘action plan’ for 7,000 PH deportees from Sabah (Pasion 2017) Pasion, Patty. 2017. “DSWD Readies ‘Action Plan’ for 7,000 PH Deportees from Sabah.” Rappler, January 31. https://www.rappler.com/nation/160046-dswd-action-plan-filipino-deportees-sabah. “The [Philippines’] Department of Social Welfare and Development (DSWD) is preparing an “action plan” that would guide government assistance to 7,000 Filipinos who are expected to be deported from [the Malaysian state of] Sabah by February.”  The deportations are the result of an agreement reached with Malaysian Prime Minister Najib Razak Read More

Migration Italy and Germany Step Up Measures to Deter Asylum Seekers

 Migration Italy and Germany Step Up Measures to Deter Asylum Seekers (IRIN News, Jan. 13, 2017) Those who thought Europe’s refugee “crisis” was over were reminded this week that tens of thousands of refugees remain stranded in Greece and the Balkans. Images of refugee tents shrouded in snow on the Greek islands have sparked outrage about the lack of adequate shelter, and scorn has been poured on the Greek government for keeping refugees in such miserable conditions. But others have Read More

Regulating the Human Supply Chain

Regulating the Human Supply Chain (Gordan 2017) Gordon, Jennifer. 2017. “Regulating the Human Supply Chain.” Iowa Law Review 102 (2): 445+. https://ilr.law.uiowa.edu/print/volume-102-issue-2/regulating-the-human-supply-chain/. Legal scholarship has failed to take note of the increasing impact of recruitment intermediaries on the rule of law in the United States, and on the regulation of employment in U.S. low-wage labor markets in particular.  This Article fills that gap for forming a novel conceptual framing of migrant recruitment as a “human supply chain.”  It builds on this Read More

Tackling the Global Refugee Crisis: From Shirking to Sharing Responsibility

Tackling the Global Refugee Crisis: From Shirking to Sharing Responsibility (Amnesty International, Oct. 2016) On 19 September 2016 the United Nations (UN) General Assembly collectively, and spectacularly, failed the 21 million refugees of this world. The “High-level Summit to address large movements of refugees and migrants” was to address the global refugee crisis, a crisis in which, daily, millions fleeing war and persecution in countries like Syria, South Sudan, Myanmar and Iraq suffer intolerable misery and human rights violations. World Read More

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1 (2016) Plaintiff M68-2015 v Minister for Immigration and Border Protection. 2016. This case note provides an overview of the key facts and findings of the High Court in Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors [2016] HCA 1, and sets out some of the key developments following the case. The plaintiff, an asylum seeker from Bangladesh, had been detained in Nauru at one of Australia’s Read More

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens (Gerald L. Neuman, 2016) The completion of the project of the International Law Commission (ILC) on “the expulsion of aliens” marked an important stage in the development of international law relating to migration. The resulting Draft Articles on the Expulsion of Aliens reflect the joint effort of the ILC’s distinguished experts on public international law, from all regions of the world, to enunciate principles that regulate Read More

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens (2016, Daniel Kanstroom) Critical appraisal of the International Law Commission’s Draft Articles on the Expulsion of Aliens (“Draft Articles”) demands a conceptualization of contemporary expulsion or deportation as a global phenomenon. Deportation may be functionally defined as a powerful government assertion of high stakes sanctions in low formality settings aimed at the most powerless and marginalized members of society. In the United States context, deportation Read More

2015 Immigration Control (Japan)

2015 Immigration Control (Japan, Immigration Bureau, Ministry of Justice, 2015) In this age of globalization, the Immigration Bureau, Ministry of Justice plays a vital role in both promoting sound international exchange by enabling foreign nationals visiting Japan for diverse reasons from various countries and regions to smoothly enter and stay in Japan and differentiating between which foreign nationals should and which foreign nationals should not be permitted to enter and stay in Japan so as to maintain the law and order Read More

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin (2015, Charlotte Blondel, Marie Conciatori, Nausicaa Preiss, Meritxell Sayos Monras, Suzanne Seiller, Janine Uhlmannsiek ) Following the recent crisis in the Mediterranean Sea, the European Commission presented on May 15th 2015 a new European Agenda centred on the present challenges of global migration. As the High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the Commission stated, “with this agenda we confirm and Read More

Deportation Stigma and Re-migration

Deportation Stigma and Re-migration (Liza Schuster & Nassim Majidi, Journal of Ethnic and Migration Studies, Volume 41, Number 4, 21 March 2015, pp. 635-652(18)) Many, if not most, of those who are forcibly expelled from the country to which they have migrated will not settle in the country to which they have been returned but will leave again. A recent article examined some of the reasons why this should be so. It was argued that in addition to the factors that Read More

Life after Limbo: Stateless Persons in the United States and the Role of International Protection in Achieving a Legal Solution

Life after Limbo: Stateless Persons in the United States and the Role of International Protection in Achieving a Legal Solution (David C. Baluarte, n 29 Geo. Immigr. L.J. 351, 2015) Mikhail came to the United States from Turkmenistan on a Soviet passport when he was twenty-two. This was the final destination of a long circuitous journey that began when his ethnically Armenian family was forced to flee Azerbaijan, his country of birth, during the war between Azerbaijan and Armenia. He Read More

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons (2015, Daniel Kanstroom & Jessica Chicco) This article considers a “Declaration on the Rights of Expelled and Deported Persons.” Drafted by the authors with significant input from a wide array of scholars, activists, judges, and others, this Declaration, reprinted in Appendix A, responds to what has become in recent years a major worldwide phenomenon: the deportation (also known as removal or expulsion) of large numbers of noncitizens. Read More

Monitoring the Return of Irregular Migrants and Failed Asylum Seekers by Land, Sea and Air

Monitoring the Return of Irregular Migrants and Failed Asylum Seekers by Land, Sea and Air (2013, Anne-Mari Virolainen – Committee on Migration, Refugees and Displaced Persons – Council of Europe)  Following a steady increase in the number of forced returns of irregular migrants and failed asylum seekers, and in view of the risk of ill-treatment during these forced returns, there is an urgent need to draw up common standards on removal procedures by land, sea and air and on monitoring these Read More

Is Deportation a Form of Forced Migration?

Is Deportation a Form of Forced Migration? (Matthew J. Gibney, Refugee Survey Quarterly (2013) 32 (2): 116-129). In this article I explore why, despite the fact that it seems to represent the epitome of forced migration, deportation (the quotidian practice of lawful expulsion) is generally ignored by forced migration scholars. My key claim is that deportation is implicitly deemed a legitimate form of forced migration. Forced migration is not simply a descriptive term; it is also typically an evaluative one. Read More

What Happens Post-Deportation? The Experience of Deported Afghans

What Happens Post-Deportation? The Experience of Deported Afghans (2013, Liza Schuster and Nassim Majidi) Deportation, understood as the physical removal of someone against their will from the territory of one state to that of another, has moved to the forefront of academic and policy agendas. Although there is a growing literature on legislation and policy, there is very little in-depth data on what happens post-deportation. In this article, we examine possible post-deportation outcomes. We argue that, whatever reasons existed for Read More

Nowhere to Run: Iraqi Asylum Seekers in the UK

Nowhere to Run: Iraqi Asylum Seekers in the UK (Helen Hintjens, Race Class October-December 2012, vol. 54 no. 2 88-99) This article, covering the period 2003–2010, is concerned with those Iraqis whose asylum claims in the UK have been rejected in recent years and who have found ‘nowhere to run’. A deterrence-based UK immigration regime has undermined many of their basic rights since the start of the war. And despite wide public knowledge about the dangers of return to Iraq, failed Read More

The renaissance of non-refoulement? The Othman (Abu Qatada) decision of the European Court of Human Rights

The renaissance of non-refoulement? The Othman (Abu Qatada) decision of the European Court of Human Rights (Christopher Michaelsen, International and Comparative Law Quarterly, 61(3), 2012) On 17 January 2012 the European Court of Human Rights (ECtHR) handed down its judgment in Othman (Abu Qatada) v United Kingdom.1 Abu Qatada, a radical Muslim cleric once described as ‘Osama bin Laden’s right-hand man in Europe’, was convicted in absentia in Jordan for various terrorist offences.2 He alleges, however, that part of the evidence Read More

Deportation and the Micropolitics of Exclusion: The Rise of Removals from the UK to Sri Lanka

Deportation and the Micropolitics of Exclusion: The Rise of Removals from the UK to Sri Lanka (2012, Michael Collyer) The forced removal of foreign nationals has been a relatively uncommon occurrence in liberal democracies, at least since the 2nd World War. This can be explained by both the inherent violence of this process, which raises widespread public opposition, and by the geopolitical difficulties it raises, as there must be agreement of both countries concerned. In recent years these problems appear Read More

Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community

Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community (2010, Walter Leitner International Human Rights Clinic; Returnee Integration Support Center; Deported Diaspora) The Walter Leitner International Human Rights Clinic of the Leitner Center for International Law and Justice at Fordham Law School, the Returnee Integration Support Center (RISC) and Deported Diaspora announce the release of a new report, Removing Refugees: U.S. Deportation Policy and the Cambodian-American Community.  The report highlights the human rights impact of our current immigration policies through the lens of Read More

In the Child’s Best Interest?: the consequences of losing a lawful immigrant parent to deportation

In the Child’s Best Interest?: the consequences of losing a lawful immigrant parent to deportation  (International Human Rights Law Clinic, et al., 2010) International Human Rights Law Clinic, Immigration Law Clinic, and Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity. 2010. “In the Child’s Best Interest?: The Consequences of Losing a Lawful Immigrant Parent to Deportation.”  Berkeley. https://www.law.berkeley.edu/files/Human_Rights_report.pdf. Congress is considering a comprehensive overhaul of the nation’s immigration laws more than a decade after the enactment of strict Read More

Asylum and the European Convention on Human Rights

Asylum and the European Convention on Human Rights (2010, Nuala Mole & Catherine Meredith) Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers.This revised edition considers the substantial body Read More

Returned to Risk: Deportation of HIV-Positive Migrants

Returned to Risk: Deportation of HIV-Positive Migrants (Human Rights Watch, 2009) Adrea Mortlock was 15 in 1979 when she arrived in New York from Jamaica, leaving behind the abusive household where she had lived since her mother, years earlier, had left for work in the United States. In 1987, she was convicted of selling cocaine and served a year in prison. A legal permanent resident of the United States with a US-citizen daughter and son, Ms. Mortlock was ordered deported Read More

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics (Sarah H. Paoletti, 30 U. Pa. J. Int’l L. 1171 (2009)) In response to the abuses migrants face, migrants and advocates have historically engaged in advocacy on two parallel tracks, with one camp operating in the domestic sphere and the other camp operating in the international arena. In recent history, domestic advocates have begun to cross into the international advocacy field frustrated by the lack of state and federal Read More

Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law

Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law (Marouf, Fatma E. & Deborah E. Anker, 103 American Journal of International Law 784 (2009)). Over the past two decades, international human rights law has provided an increasingly useful framework for interpreting key criteria of the definition of a refugee. A human rights-based approach to analyzing refugee status helps to increase consistency and uniformity in decision making by state parties regarding who qualifies for international protection. Read More

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons (2008, Emanuela-Chiara Gillard) The article sets out states’ obligations in relation to transfers of persons under international law, and revisits the key elements of the principled non-refoulement, including its application where persons are transferred from one state to another within the territory of a single state; the range of risks that give rise to application of the principle; important procedural elements; and the impact on the principle of Read More

Global Care Chain: A Critical Introduction

Global Care Chain: A Critical Introduction (Nicola Yeates, Global Migration Perspectives, 44: 1-20, 2005) The ‘global care chain’ concept is attracting attention across a range of social science fields, in particular globalisation studies, migration studies, care studies and gender studies. This paper provides a critical introduction to that concept, a general discussion of the merits of the concept and ways in which its usefulness might be enhanced. The discussion begins by reviewing the origins and general features of the ‘global care Read More