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A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.
Book Synopsis Adjudicating Refugee and Asylum Status by : Benjamin N. Lawrance
Download or read book Adjudicating Refugee and Asylum Status written by Benjamin N. Lawrance and published by Cambridge University Press. This book was released on 2015-02-26 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.
Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors’ recommendations, including repeal of the one-year deadline, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.
Book Synopsis Lives in the Balance by : Andrew I. Schoenholtz
Download or read book Lives in the Balance written by Andrew I. Schoenholtz and published by NYU Press. This book was released on 2014-01-03 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors’ recommendations, including repeal of the one-year deadline, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.
Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance. Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors' research and recommendations Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.
Book Synopsis Refugee Roulette by : Jaya Ramji-Nogales
Download or read book Refugee Roulette written by Jaya Ramji-Nogales and published by NYU Press. This book was released on 2011-04-29 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance. Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors' research and recommendations Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.
Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.
Book Synopsis The Child in International Refugee Law by : Jason M. Pobjoy
Download or read book The Child in International Refugee Law written by Jason M. Pobjoy and published by Cambridge University Press. This book was released on 2017-04-27 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.
"This book is an optimal tool for instructors and students of graduate classes in social work and related disciplines." --Journal of Immigrant and Minority Health "I applaud social work students, professors, and social workers who seek to serve and empower the immigrant community. This text is a great tool toward raising awareness of the many issues immigrants face, and helping them find solutions." --Frank Sharry, Executive Director, America's Voice "The book is a major contribution to social workers and their clients as it addresses advocacy on behalf of immigrants and refugees during a social, economic and political period that restricts immigrants' rights and service access." --Dr. Diane Drachman, Associate Professor, University of Connecticut School of Social Work Successful social work with immigrants must begin with an understanding of their legal status and how that status impacts their housing, employment, health care, education, and virtually every other aspect of life. Chang-Muy and Congress present social workers with the only book on the market to emphasize the legal aspect of immigrant issues as well as critical practice and advocacy issues. Topics discussed include historical and current trends in immigration, applicable theories for practice with immigrants, policy and advocacy methods, and the need for cultural competence. By providing comprehensive coverage of both the legal and practice issues of this complex field, this book will help social service professionals and graduate students increase their cultural sensitivity and work more effectively with immigrants. Key Features: Covers the latest aspects of the immigration debate and discusses how social workers are affected by emerging immigration policies Discusses special populations such as refugees, elderly immigrants, and victims of international trafficking Includes case studies on the most critical issues immigrants face today: legal processes, physical and mental health issues, employment difficulties, family conflicts, and more Instructional Materials Available! Free to instructors with a verified order of seven or more copies. Email [email protected] to request syllabus and PowerPoint slides.
Book Synopsis Social Work with Immigrants and Refugees by : Elaine P. Congress, DSW
Download or read book Social Work with Immigrants and Refugees written by Elaine P. Congress, DSW and published by Springer Publishing Company. This book was released on 2008-10-27 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is an optimal tool for instructors and students of graduate classes in social work and related disciplines." --Journal of Immigrant and Minority Health "I applaud social work students, professors, and social workers who seek to serve and empower the immigrant community. This text is a great tool toward raising awareness of the many issues immigrants face, and helping them find solutions." --Frank Sharry, Executive Director, America's Voice "The book is a major contribution to social workers and their clients as it addresses advocacy on behalf of immigrants and refugees during a social, economic and political period that restricts immigrants' rights and service access." --Dr. Diane Drachman, Associate Professor, University of Connecticut School of Social Work Successful social work with immigrants must begin with an understanding of their legal status and how that status impacts their housing, employment, health care, education, and virtually every other aspect of life. Chang-Muy and Congress present social workers with the only book on the market to emphasize the legal aspect of immigrant issues as well as critical practice and advocacy issues. Topics discussed include historical and current trends in immigration, applicable theories for practice with immigrants, policy and advocacy methods, and the need for cultural competence. By providing comprehensive coverage of both the legal and practice issues of this complex field, this book will help social service professionals and graduate students increase their cultural sensitivity and work more effectively with immigrants. Key Features: Covers the latest aspects of the immigration debate and discusses how social workers are affected by emerging immigration policies Discusses special populations such as refugees, elderly immigrants, and victims of international trafficking Includes case studies on the most critical issues immigrants face today: legal processes, physical and mental health issues, employment difficulties, family conflicts, and more Instructional Materials Available! Free to instructors with a verified order of seven or more copies. Email [email protected] to request syllabus and PowerPoint slides.
This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
Book Synopsis Queering Asylum in Europe by : Carmelo Danisi
Download or read book Queering Asylum in Europe written by Carmelo Danisi and published by Springer Nature. This book was released on 2021-08-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
Book Synopsis Proof, Evidentiary Assessment and Credibility in Asylum Procedures by : Gregor Noll
Download or read book Proof, Evidentiary Assessment and Credibility in Asylum Procedures written by Gregor Noll and published by . This book was released on 2005 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Book Synopsis The Law of Refugee Status by : James C. Hathaway
Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Book Synopsis Haitian Refugee Immigration Fairness Act by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration
Download or read book Haitian Refugee Immigration Fairness Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and published by . This book was released on 1998 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
Book Synopsis African Asylum at a Crossroads by : Iris Berger
Download or read book African Asylum at a Crossroads written by Iris Berger and published by Ohio University Press. This book was released on 2015-05-15 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
