Immigration & Refugee Law

Also available in print: KE4472 .J65 2017 LAW (Reserve).
This title is part of the ESSENTIALS OF CANADIAN LAW series.
Refugee Law is a concise account of Canadian refugee law, policy, and procedure. It presents refugee law as an independent system, yet one that is open to and influenced by other branches of domestic law, international law, the practices of other jurisdictions, and the general global trends in forced migration. The book examines the historic and contemporary context of refugee law, formal law, and government policy, and the domestic and international principles of refugee protection.

This text examines all elements in the criteria for refugees under the Immigration and Refugee Protection Act and analyzes the jurisprudence as it has developed in Canada with references to other sources of international law.

Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction.

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Refugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection.

Common wisdom suggests that 9/11 changed everything about refugee law in the United States and Canada. But did it? This text systematically examines the evidence to reveal that refugee rights were already so whittled down in both countries before 9/11 that there was relatively little room for negative change after the attacks. It also shows that the Canadian refugee law regime reacted to 9/11 in much the same way as its US counterpart, and these similar reactions raise significant questions about security relativism and national self-image in the two countries.

This book attempts to integrate resettlement in international refugee law. Key to the analysis is understanding what the need for resettlement means: in essence a second country of asylum. The integration of resettlement in international refugee law does not mean an end to the discretion states have; but once the decision has been taken to process UNHCR resettlement referrals, discretion gives way to the applicability of international (refugee) law. Since it is not included in the main refugee treaties, resettlement has so far never been considered in terms of international refugee law with detrimental consequences for the refugees concerned. This book demonstrates that treating resettlement as an outlier is not only out of sync with the international rule of law, but moreover legally untenable.

This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical.

While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status.

Fripp examines key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.

This resource is a comprehensive and critical work that analyses the state of research across the refugee law regime as a whole. This text provides both doctrinal and theoretical analyses of international refugee law and practice.

This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world.