Thursday, December 19, 2013

Revision Urgent: Immigration And Asylum Law

A person who escapes tyrannical or perilous caboodle is termed as a refugee . Some of the reasons for the creation of refugees are courteous disturbances , environmental disasters or war . Around three ascorbic astringent thousand race obtain this status per month and gain of women and children in the main . The coupled Nations requires its member states to harbor much(prenominal)(prenominal) people (What are refugees , 2005On the 14th of December , 1950 , the contribution of the join Nations heights Commissi unity(a)r for Refugees of UNHCR was arrangeed by the join Nations common fleck company . Its principal purpose is to afford certificate to refugees and find a viable effect to their problems . Fundamentally the UNHCR makes strenuous efforts to enable the persecuted of the manhood to obtain half-crazed initiation and safe refuge in some a nonher(prenominal) State , with the option to getting even home voluntarily , blend in locally or to resettle in a ternion kingdom (Basic Facts term 1A (2 ) of the Refugee convocation states that refugees are watch overive(prenominal)s who set out their earth on account of legitimate risk of exposure of persecution ascribable to their governmental opinions , countryality , flow or religion and who are not in a position to obtain the tax shelter of their country ( conference relating to the placement of Refugees . select on 28 July 1951 by the coupled Nations meeting of Plenipotentiaries on the Status of Refugees and Stateless(prenominal) Persons convened infra General convention settlement 429 (V ) of 14 December 1950The process States of the European amount exhibited quite some differences in the interpretation of this exposition of refugees . It became mandatory to establish the same guidelines within the Union , in to implement a common creation establis! hment in the EU . hence , the European Commission made a proposal in the year 2001 to the European Council whereby the requirements for deeming a person to be a refugee were clearly described and this was in uniformity with the UNHCR Refugee assembly of 1951 , Article 1 of the Geneva conclave on the Status of Refugees , discussions of the EC with its fragment States and specialized institutions dealing with refugees similar the European Council on Refugees and Exiles or ECRE and the UNHCR (The European Union clarifies what it marrow by refugee and auxiliary vindicationThis proposal comprised of several(prenominal) goals , some of them were to ensue the humanity of grassroots breastplate , in all the Member States , for persons who needed foreign auspices . Initially , the concentration was to be on cut down the differences extant in the code and procedures of the divers(a) Member States . after(prenominal) this the aim was to restrict incidental measures remove ed by persons who were win advantage of the variance in the laws relating to the recognition of refugees in the Member States in to obtain adjuvant protection status . yet it was a major design of this proposal to assure skilled protection for those whose needs in this regard were true . what is more , the proposal aimed to ensure that no person could take idle advantage of the process of obtaining mental institution (The European Union clarifies what it kernel by refugee and subsidiary protectionConsequently , in April 2004 Directive 2004 /83 /EC was surveiled and this directive prescribes the requirements for according refugee status to stateless persons or people who do not belong to Member States of the EU . In addition , this directive describes the nature and extent of the protection to be granted to all such(prenominal)(prenominal)(prenominal) eligible persons (The European Union clarifies what it means by refugee and subsidiary protectionThe immigration rules in the unify kingdom permit the grant of safety to! a refugee , nevertheless if it is possible for that person to establish that they face genuine persecution due to their ethnicity , nationality religion or due to the political opinions that they endorse to if they return to their country of origin . These rules are in conformity with the get together Nations convention relating to the status of refugees and Article 3 of the ECHR or European ruler on merciful Rights . The result of these rules is that in that respect is an exclusion of most of the refugees who shake up been permitted to reside in the UK at a lower place exceptional leave ( psychiatric hospital political , 2005In the year 1999 7somety wiz thousand persons sought political asylum in the fall in state and most of these persons were Kosovar refugees from the federal body politic of Yugoslavia . A a few(prenominal) of these applicants were from Somalia , Sri Lanka , Afghanistan , Turkey , Iraq , Albania and china . These amounts increased to a foo tling over a vitamin C thousand by January 2000 indicating a massive increase in the influx of refugees to the linked acres (asylum , political , 2005The data procurable with the position placement has revealed that cardinal six percent of those rely refuge in 1999 were genuine and that an additional eleven percent had been granted asylum on compassionate grounds . just , statistics from other sources have revealed that less than ten percent of persons whose occupation for refuge had been refused had been deported and that the remainder go on to stay as illegal immigrants (asylum , political , 2005On the 1st of April , 2000 the linked state enacted legislation , which expeditiously dealt with straightforward subject areas by adopting unfaltering cut of meat processing of their applications , substituted a food voucher musical line of battle for the extant welfare benefits and made provisions for the forced person-to-person line of credit of accommodation nigh the UK . These initiatives were successful in reduci! ng the minute of pending applications to societyty thousand by may 2000 . However , the united Kingdom had to incur an exorbitant expenditure of nine hundred jillion pounds sterling , in to support asylum seekers during the financial year 1999 to 2000 (asylum , political , 2005The UNHCR , which was established in 1951 , has give upd embossment to approximately thirty billion refugees . The itemise of persons whose status has been of profound concern to the UNHCR has increased from seventeen to twenty seven billion between 1991 and 1995 . These numbers stood at twenty two one million million million at the end of the year 1999 and comprises of eleven million refugees and pentad million persons who had been displaced within their own countries (asylum , political , 2005The United Kingdom received three hundred and ninety thousand applications seek asylum in the year 2000 . Out of these ninety seven thousand , seven hundred were granted the status of refugees or pr ovided with exceptional leave to remain in the UK . This amounted to thirty one percent of applicants belonged to countries where human rights were world infringed with impunity . Many of these refugees hailed from Iraq , Iran , Sri Lanka , Somalia , the Federal commonwealth of Yugoslavia and Afghanistan . The number of refugees accepted by the UK was less than the number permitted in Belgium and the Netherlands as a ratio to the community , these observations were made by the United Nations High Commissioner for Refugees (Immigration and emigration , 2005In to compensate for the ageing universe of the EU , it has to allow an influx of nearly 1 .4 million immigrants per year . The UK shell pip had undertaken reforms to its work permit brass so as to allow foreign nationals to apply for such work permits in to fill in job vacancies . The objective of these current reform proposals is to encourage legitimate immigration and thereby discourage illegal immigration . In October 2001 the Home Office had announced that the present s! cheme of issuing food vouchers to asylum applicants would be restructured by implementing a combined cash and identity card system (Immigration and emigration , 2005The Ministerial Meeting on the Refugee Convention held in Geneva provided an opportunity for the participating nations to adopt new policies to strengthen international refugee protection . Although , more than litre dollar bill years had elapsed , since the adoption of new policies in the Refugee Convention , yet nations were lagging behind in addressing the fundamental act for refugee exodus . The cause for this situation was impingement of human rights , oddly during internal conflicts in the nations . Many countries were failing in their trading to respect the right to seek asylum from oppression . They were ignoring the non - refoulement commandment , which held that refugees should not be deported to a place of conflict where the jeopardize of serious breaches of human rights were prevalent (Refugee Conve ntion -- a Convention for the twenty-first hundred 2001It is indeed fell to note that several countries had failed to initiate appropriate action against such infringement , as necessitated by the treaty obligations . According to oblivion global subsequent to the phratry 11 attacks on the gentlemans gentleman Trade affection national governments should be required to repeat their commitment to the Refugee Convention (Refugee Convention -- a Convention for the twenty-first century . 2001By instituting soused protective covering measures , subsequent to the September 11 attacks , many countries handle the human rights of refugees and asylum applicants . These measures targeted non - citizens of the nations . specifically , countries with powerful economies have hard-boiled refugees and illegal immigrants alike and enforced several measures to isolate refugees . Instances have been inform where nations have unnecessarily indulged in imposing tighter security measures . One instance of this was reported in July 2001 to the Am! nesty external wherein the immigration authorities of the United Kingdom stationed at Prague drome detained travellers from the Roma ethnic minority questioned them , did not permit them to pass the UK and prevented them from boarding f hoys (Refugee Convention -- a Convention for the 21st century . 2001It has become essential to implement measures that provide adequate protection in situations involving mass flight of the earthly concern of a nation . Moreover , the UN refugee institution has to be provided with enough funds to enthrall out its work .
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The Amnesty International has demanded of the nations that h ad participated in the impact in Geneva to resolve issues involving refugee protection in conformity with the spirit of the Refugee Convention (Refugee Convention -- a Convention for the 21st century . 2001In R v . excess Adjudicator , Ullah a Pakistani national claimed asylum in the UK , as he feared persecution on account of his religious beliefs the UK authorities did not accept his quest under the Refugee Convention . The syndicate of Lords held that in the absence of a flagrant denial or taxation abuse of an individual s rights , there could be no agree on bind immigration controls in the larger globe interest (R v Special Adjudicator , ex parte Ullah , 2004Several instances exist , wherein the United Kingdom and its agents were done for(predicate) in providing adequate protection to refugees , who had been deployed in special camps . In Kenya , a nineteen year emeritus girl s moderateness was outraged in the vicinity of the offices of the refugee camp authorities a nd as well , two Rwandan children were killed and th! eir mother was stabbed in a secure sign . Moreover , a number of incidents involving the gross colzas of the right to action , the right not to be subjected to cruel , inhuman or degrading treatment and violation of the non refoulement principle were reported in these centres (New Approaches to the Asylum touch on . Human Rights clear Submission to the family unit of Lords , Select de endowation on the European Union , Sub-Committee F (Social affairs , education and Home Affairs 2003As such the responsibility of protecting refugees is vested with the United Kingdom and the latter has to ensure that such violations do not occur in the refugee centres . In case of failure to protect refugees in the camps , the U .N . General fiction can evanesce the UNHCR to provide sufficient protection to the refugees and divine service the UK governance to find permanent solutions for the problem of refugees (New Approaches to the Asylum Process . Human Rights Watch Submission to the House of Lords Select Committee on the European Union , Sub-Committee F (Social Affairs Education and Home Affairs , 2003The Chief Executive of the Refugee Council , Nick Hardwick , opined that the insurance being implemented by the UK Government was insufficient , and that it was endangering the lives of a number of asylum seekers . He further stated that the UK s show up of granting asylum status to Sri Lankan Tamils was dismal . France had granted asylum to virtually seventy three percent of the applicants and Canada had allowed eighty percent in comparison to the woefully meagre two percent by the UK Government Many felt that such rejection would pose large(p) danger for these immigrants , who could expect torture and incarceration in dehumanise prisons in Sri Lanka (New Refugee Council report warns UK not to put refugees lives at adventure , 2002From the in a higher place it becomes very clear that the UK has not been very congenial towards immigrants . In particular , after the attacks made by terrorists owe committal ! to Osama bin laden , there has been a wavering to withstand foreign nationals into the country . Several instances have come to light , wherein the UK Government had failed to take into consideration the principle of residuum , trance assessing the status of asylum seekers . There is a label reluctance to permit persons hailing from Asia , the Middle East and Africa into the United Kingdom . This is in gross violation of the Refugee Convention of 1951 .Bibliographyasylum , political (2005 . In The Hutchinson uncut Encyclopedia including map collectionBasic Facts (n .d . Retrieved whitethorn 22 , 2007 , from UNHCR http / web .unhcr .org /basics .htmlConvention relating to the Status of Refugees . Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under General Assembly resolution 429 (V ) of 14 December 1950 (n .d . Retrieved May 22 , 2007 from Office of the High Commissioner for Human Rights http / vane .unhchr .ch /html /menu3 /b /o_c_ref .htmImmigration and emigration (2005 . Retrieved May 22 , 2007 , from In The Hutchinson Unabridged Encyclopedia including Atlas http / vane .xreferplus .com / compliance /6435900immigration and emigrationNew Approaches to the Asylum Process . Human Rights Watch Submission to the House of Lords , Select Committee on the European Union Sub-Committee F (Social Affairs , Education and Home Affairs (2003 September . Retrieved May 22 , 2007 , from http /hrw .org /backgrounder /eca /asylum-process .htmNew Refugee Council report warns UK not to put refugees lives at risk (2002 , February 11 . Retrieved May 22 , 2007 , from Refugee Council Online http / web .refugeecouncil .org .uk /news /press /2002 /february /newr .h tmR v Special Adjudicator , ex parte Ullah , UKHL 26 (2004Refugee Convention -- a Convention for the 21st century . 2001 . M2 Presswire . M2 confabulation theory , LtdThe European Union clarifies what it means by refugee and subsidiary protection (n .d . Retrieved May 22 , 2007! , from European Commission jurist and Home Affairs . Refugee subsidiary protection http /ec .europa .eu /justice_home /fsj /asylum /subsidiary /fsj_asylum_subsid iary_en .htmWhat are refugees (2005 . The Hutchinson Unabridged Encyclopedia including AtlasRefugee Convention and the United Kingdom PAGE \ MERGEFORMAT 8 ...If you want to get a full essay, order it on our website: BestEssayCheap.com

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