A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome

A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome (Levin 2017) Levin, Dan. 2017. “A Surge of Migrants Crossing Into Quebec Tests Canada’s Welcome.” The New York Times, August 10. https://www.nytimes.com/2017/08/10/world/americas/a-surge-of-migrants-crossing-into-quebec-tests-canadas-welcome.html. Despite the Canadian government’s lifting of a temporary protection policy for Haiti in 2014 leading to resuming deportations this past March, Haitians are continuing to flood over the U.S.’ northern border into Canada.  Around 1,500 asylum-seekers crossed the border into Quebec in July and according to the Canada Read More

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

Citizens-in-Waiting, Deportees-in-Waiting: Power, Temporality, and Suffering in the U.S. Asylum System

Citizens-in-Waiting, Deportees-in-Waiting: Power, Temporality, and Suffering in the U.S. Asylum System (Bridget M. Haas, Journal of the Society for Psychological Anthropology, Vol 45, Issue 1, March 2017) This article explores how the interrelationship of power and temporality shapes the lived experiences and subjectivities of political asylum claimants in the United States. By lodging an asylum claim, migrants enter into a system that will, in effect, produce them as legitimate refugees deserving of protection or as illegitimate, “bogus” asylum seekers in need of 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

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

Post-Deportation Risks: People Face Insecurity and Threats After Forced Returns

Post-Deportation Risks: People Face Insecurity and Threats After Forced Returns (Maybritt Jill Alpes & Ninna Nyberg Sørensen, Danish Institute for Policy Studies Policy Brief, November 2016) This brief takes a look at the risks migrants and rejected asylum seekers face when they’re forcibly returned to their point of origin. The text’s authors specifically argue that forced returns have become unduly criminalized and expose returnees to economic deprivation and psychosocial harm, often at the hands of predatory state agents.

Home Sweet Home? Honduras, Guatemala and El Salvador’s Role in a Deepening Refugee Crisis

Home Sweet Home? Honduras, Guatemala and El Salvador’s Role in a Deepening Refugee Crisis (2016, Amnesty International) As violence has worsened and poverty and inequality remain prevalent, the Central American governments of Honduras, Guatemala and El Salvador, also known as the Northern Triangle, are doubly failing to protect their citizens: socioeconomic conditions remain poor and an increasingly violent environment permeates every corner of their countries, which causes people to flee in record numbers, but governments are failing to provide protection 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

Documenting the Migration Crisis in the Mediterranean: Spaces of Transit, Migration Management and Migrant Agency

Documenting the Migration Crisis in the Mediterranean: Spaces of Transit, Migration Management and Migrant Agency (Leonie Ansems, Elspeth Guild and Sergio Carrera, CEPS Paper in Liberty and Security in Europe (2016)). This article sets out the main findings of the research project Documenting the Humanitarian Migration Crisis in the Mediterranean, which maps migration trajectories and transit points across Europe in order to develop a humanitarian response to the Mediterranean migration ‘crisis’. On their long journeys, people seeking refuge in Europe pass Read More

Safe and Voluntary Refugee Repatriation: From Principle to Practice

Safe and Voluntary Refugee Repatriation: From Principle to Practice (2016, Jeff Crisp & Katy Long) The article discusses the principles of voluntariness, safety, and dignity in the context of refugee repatriation. It begins by setting out the applicable legal framework, and discusses how that framework has been elaborated upon and refined since 1951. The article then discusses how the principles of voluntariness, safety, and dignity have, in practice, been applied (or, in a few unfortunate cases, ignored). After noting that Read More

Estadísticas Migratorias, Síntesis 2016

Estadísticas Migratorias, Síntesis 2016 (Secretaría de Gobernación – Estados Unidos de México) La creciente movilidad de personas a nivel mundial demanda la conformación de estadísticas sistematizadas, den cuenta de los distintos ujos de personas que arriban a México y parten de él por diversos motivos y en diferentes condiciones migratorias, así como de los que deciden establecerse en el país. Con base en los registros administrativos generados en los diversos puntos de internación, ocinas y estaciones migratorias de las delegaciones Read More

Constructions of Deportability in Sweden: Refused Asylum Seekers’ Experiences in Relation to Gender, Family Life, and Reproduction

Constructions of Deportability in Sweden: Refused Asylum Seekers’ Experiences in Relation to Gender, Family Life, and Reproduction (Maja Sager, Nordic Journal of Women’s Studies, Vol. 24, 2016) Drawing on ethnographic material, this article examines how the experiences of refused asylum seekers in Sweden are shaped by migration policies, welfare policies, and gender norms. The article develops a feminist account of deportability to examine some gendered and reproductive aspects of everyday experiences of seeking asylum in Sweden. Focusing on the interview accounts Read More

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases (2015, Shuting Chen) This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of origin to seek safe haven in the United States. Many of them are apprehended again by immigration authorities, who may reinstate the prior removal order and severely limit the immigrants’ legal options. Although the government takes the position that such illegal reentrants are foreclosed from applying Read More

The case against removal: Jus noci and harm in deportation practice

The case against removal: Jus noci and harm in deportation practice (Barbara Buckinx & Alexandra Filindra, Migr Stud (2015) 3 (3): 393-416) The United States removes from its territory almost 400,000 noncitizens annually—Germany removes about 50,000 people each year, France 26,000, and Canada 12,000. In this article, we focus on the impact of removal, and we argue that many individuals—often those who are best integrated in their countries of long-term residence—will suffer significant physical, psychological, economic, and social harm upon their return. Read More

Assessment of the Risk of Refoulement Under Article 3 ECHR in Cases of Persons Returning to Somalia

Assessment of the Risk of Refoulement Under Article 3 ECHR in Cases of Persons Returning to Somalia (Daan Bes, et al. 2014) In 2013 the European Court of Human Rights (ECtHR) communicated to the Dutch Government several complaints against the Netherlands of Somali applicants who claim that their expulsion to their country of origin would violate Article 3 of the European Convention of Human Rights (ECHR). In the context of these complaints the ECtHR referred questions to the Dutch Government on: 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

Unsafe Return II

Unsafe Return II (2013, Catherine Ramos) This report has been prepared in order to continue to inform the Home Office, FCO and government departments such as the Country of Origin Information Service of new information relating to the post return experience of Congolese returnees to DRC. Since 2010 Home Office departments have been provided with evidence in order to inform policy, as recommended by the Independent Asylum Commission. This included the report Unsafe Return – Refoulement of Congolese asylum seekers’ 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

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness?

Humanitarian Concerns and Deportation Orders Under the Immigration Act of 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness? (Timothy P Fadgen and Guy Charlton, Victoria University of Wellington Law Review Vol. 43, Issue 3 (Sep 2012)). New Zealand has long prided itself as a champion for human rights within the international community. At the same time, local immigration laws have been tightened and long-standing recognition of the rights of migrants has been eroded. One sub-class of migrants, and the 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

Unsafe Return: Refoulement of Congolese Asylum Seekers

Unsafe Return: Refoulement of Congolese Asylum Seekers (2011, Catherine Ramos) On 26th February 2007 a Congolese client of Justice First was forcibly removed from the UK on a charter flight to the Democratic Republic of the Congo (DRC), where he arrived on 27th February with his wife and children. After interrogation, the family was allowed to leave the airport. In the early hours of 28th February the client was arrested at the address his wife had given to the authorities Read More

Torturous Intent: Refoulement of Haitian Nationals and U.S. Obligations under the Convention Against Torture

Torturous Intent: Refoulement of Haitian Nationals and U.S. Obligations under the Convention Against Torture (Alyssa Bell & Julie Dona, 35 N.Y.U. Rev. L. & Soc. Change 707 (2011)) This paper argues that the Board of Immigration Appeals (BIA) erred when it strictly limited the scope of Convention Against Torture (CAT) protection for deportees facing inhumane treatment in Haitian jails. The authors examine In re J-E-, in which the BIA narrowed the definition of torture under CAT to acts undertaken by 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

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

Pushed Back, Pushed Around: Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers

Pushed Back, Pushed Around: Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers (Human Rights Watch, 2009) This report examines the treatment of migrants, asylum seekers, and refugees in Libya through the eyes of those who have left that country and are now in Italy and Malta. These people, unlike their counterparts who are still in Libya, are free to talk about their experiences without fear of retribution. The report has two purposes. Read More

The Removal of Failed Asylum Seekers: International Norms and Procedures

The Removal of Failed Asylum Seekers: International Norms and Procedures (2007, John Gibson) This paper reviews existing norms and best practice in removals procedures and asylum/appeals procedures relevant to the removal process in chosen countries. It is informed by regional and international standards and refers to the particular situation in the 15 pre-enlargement EU member states, Norway, Switzerland and Australia and with some references to law and practice in New Zealand and Canada. It concentrates on standards that impact the Read More