States, the Law and Access to Refugee Protection: Fortresses and Fairness

Description

This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure—which the editors have termed ‘access to asylum justice’. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law. Volume 65 in the series Studies in International Law Preface Contents List of Editors and Contributors Abbreviations Part I:

Conceptual Background 1 Access to Refugee Protection I. Introduction II. Background: "Asylum" and "Refugee Protection" III. States, Access to Territory and the Law IV. "Asylum Justice" and Contemporary Due Process Challenges V. Conclusion 2 Asylum in the Context of Immigration Control I. Introduction II. The Limits of the Refugee Convention III. The Impact of "Fortress Europe" on Protection IV. The Migrant and the Refugee: A Costly Distinction V. Alan Kurdi: The Human Refugee VI. Conclusion: Racism, Exclusion and Blaming the Victim Part II:

Access to Territory 3 Where Do State Responsibilities Begin and End? I. Introduction II. The Application of Human Rights Law to Borders III. The Border Monitoring Experience in Hungary 2007-13: Difficulties in Accessing Protection IV. The Change of Practice in 2013-14: Towards a More Comprehensive Border Control Practice V. Building a Physical and Legal Fence: Closure of Hungary"s Southern Borders VI. Litigation and Follow-up of the Cases of Removed Refugees and Migrants VII. Conclusions 4 Access to International Protection I. Background and Context II. The Current Situation and the New Law III. Access to Physical Territory: Problems at the Turkish Borders IV. Barriers to Accessing Asylum Justice: The Role of the UNHCR in Turkey V. UNHCR"S Limited Access to Removal Centres VI. Conclusion 5 Interdiction and Screening of Asylum Seekers at Sea I. Introduction II. Relevant Legal Principles III. Screening at Sea and Fairness-State Practice IV. ANALYSIS V. Conclusion 6 Detained at the Border I. Introduction II. Overview of Central American Refugee Migration to the United States III. Primary Causes of Flight from Central America Iv. Crossing the Border: Obstacles to Entry for Central American Refugees V. Conclusion Part III:

Access to Justice and a Refugee Status Determination Procedure 7 Accessing Fair and Efficient Asylum Procedures in the EU I. Introduction II. Access to Protection at the EU External Borders: Safeguards and Gaps in the EU Legal Framework III. Access to the Asylum Procedure and Ensuring Quality of Decision-making IV. Access to a Fair and Efficient Asylum Procedure in Practice in Selected EU Member States V. Conclusion 8 The State of the Asylum System in South Africa I. Introduction II. Legal Framework: 1998-2014 III. Restricting Access: Policies and Practice IV. Policy Shift: The "New Paradigm" V. Conclusion 9 Access to Asylum and Reception Conditions in Western Balkans I. Introduction II. Development of Asylum Systems and the Role of External Conditioning III. Access to Asylum and Refugee Status Determination IV. Enabling Protection: Refugees" Recognition Rates V. Reception Conditions in Bosnia and Herzegovina and Croatia VI. Discussion and Conclusion 10 Access to Justice for Syrian Refugees in Lebanon I. Introduction II. Legal Background III. Refugee Presence, Policy and Access to Process IV. Conditions and Consequences V. Conclusion 11 Accelerated Asylum Procedures in the United Kingdom and Australia I. Introduction II. United Kingdom III. Australia IV. Conclusion 12 Access to Asylum for Victims of Trafficking under a Human Rights-based Approach I. Introduction II. The Human Rights Framework for Victims of Human Trafficking III. Identification of Victims of Trafficking in Asylum Procedures IV. Access to the Asylum Procedure V. Access to International Protection VI. Solutions 13 States, the Law and Access to Refugee Protection I. Introduction II. Access to Territory III. Access to Asylum Procedures IV. Conclusion Index