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Chapter

Cover International Law

26. International Refugee and Migration Law  

Geoff Gilbert and Anna Magdalena Rüsch

This chapter explores the definition of refugee status in international law, its scope and limitations and consequent protection gaps for those forcibly displaced, including internally displaced persons (IDPs), who have crossed no international border. There is no equivalent definition for migrants, but like refugees, asylum-seekers, and IDPs, international human rights law provides a framework for their protection. The chapter explains the difference between refugee status and asylum, focusing on non-refoulement in international law. It discusses the rights that are guaranteed during displacement, particularly those pertaining to detention and humanitarian relief. Given that refugee status is intended to be temporary, the final section looks at cessation and durable solutions, either following voluntary return, through local integration, or resettlement in some third State.

Chapter

Cover Immigration & Asylum Law

8. Family life  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter focuses on non-European Economic Area (EEA) nationals who wish to live permanently with family members who are settled in or are nationals of the UK. The first part of the chapter covers human rights, particularly Article 8 and its impact on family life. The second part of the chapter considers the immigration rules. The family members of those coming to work or study and of refugees are also briefly considered. It examines marriage-related applications, that is, applications to join a spouse, fiancé(e), civil, or long-term partner. It considers the rules relating to adult family members and children, the family life of those with limited leave, and refugees and asylum seekers.

Chapter

Cover Immigration & Asylum Law

12. Claims for international protection  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system. The chapter begins with the legal context of refugee claims in the UK, and then follows the structure of Article 1A of the Refugee Convention.

Chapter

Cover Immigration & Asylum Law

13. Exclusion from asylum  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter considers the provisions whereby an individual can be excluded from refugee status because of their conduct. These are as laid down in the Refugee Convention and the EC Qualification Directive. These powers were little used in the twentieth century, but now are used increasingly often in the context of the escalation in international action against terrorism. Their interpretation and application are affected by domestic legislation, in the UK, the Nationality Immigration and Asylum Act 2002, the Immigration Asylum and Nationality Act 2006, and the Terrorism Acts of 2000 and 2006, and draw on international criminal law. The chapter discusses up-to-date case law on exclusion from refugee status based on crimes against humanity, serious non-political crimes, and acts against the purpose and principles of the United Nations. It deals with the issue of complicity and the relationship with the UK’s anti-terrorism legislation. It also deals with the situations in which refugees can be removed from the host country.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

9. Prohibition of Ill-Treatment  

This chapter examines the prohibition of ill-treatment under the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of ECHR and explains that the fundamental character of the prohibition is affirmed by the fact that no derogation in respect of its provisions is permitted even in time of war or public emergency. It considers the definition of ill-treatment as developed by the Court. The chapter analyses the judgments made by the Strasbourg Court in relevant cases including removal of a person from the State, investigations, and detention. It also explores evidential issues connected with proving conduct falling within Article 3 and considers the provisions of the European Convention for the Prevention of Torture.

Chapter

Cover Immigration & Asylum Law

7. Challenging decisions: appeals, administrative and judicial review  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter discusses the development of the current structure of the appeals bodies—the Appeal Tribunal and the Special Immigration Appeals Commission (SIAC)—and their procedure. It sets out the limited rights of appeal following the implementation of the Immigration Act 2014. It has sections on administrative review and judicial review. The chapter also considers whether there is a right to a fair hearing in immigration and asylum decisions. It concludes with a section on immigrants and asylum seekers’ access to legal representation, including funding.