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14 Cards in this Set
- Front
- Back
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An Asylum seeker is...
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Someone who us seeking protection as a refugee but has not yet had their refugee status approved.
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Prior to 1951 which organization handled refugee rights?
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The League of Nations
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Prior to the 1951 refugee protocol what were the two approaches made by the league of nations regarding refugee rights?
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(1) Group or category approach (1920-1938)
(2) Individualist perspective (1938-1950) |
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Between 1920-1938 how did the league of nations handle refugee processing?
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They had a group or category approach.
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What was the premise of the group/category approach by the league of nations?
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Afforded protection to specific groups of persons who were:
(a) Outside their country of origin AND (b) Did not have the protection of any state. Targeted persons from specific countries. |
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What is a refugee by individualists standards?
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A refugee by individualist standards is a person in search of an escape from perceived injustice or fundamental incompatibility with her home state (cf earlier focus on group disenfranchisement)
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According to the 1951 Convention relating to the Status of Refugees (‘The Refugee Convention’), a refugee is someone who:
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(1) Is outside their country of nationality, AND;
(2) Has a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. |
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Political context of the 1951 convention?
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Battle between western vs. soviet values.
The west made a strategic move to include only people who feared persecution because of their CIVIL OR POLITICAL STATUS in their mandate. thus highlighting the flaws of soviet values. |
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How was the scope of mandatory international protection under the 1951 convention limited?
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it only included refugees whose flight was prompted by a pre-1951 event within Europe.
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What did the 1967 protocol add to the refugee convention?
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removed the temporal and geographical requirements
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What is the right of "Non-Refoulment" for refugees under the convention?
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“No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a particular social group or political opinion” (ARTICLE 33).
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The the right to Asylum?
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Is included in the UDHR , however, it is not a document that is legally binding. The right to Asylum is not included in the refugee convention.
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What is complementary protection?
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stead of waiting for the Minister to use an uncompellable power, applicants could lodge protection claims under both the Refugees Convention and under other conventions, such as the ICCPR, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
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Current Australian refugee policy
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•Refugee resettlement = beyond obligations under the refugee convention.
•ASYLUM SEEKERS = PLANE ARRIVALS = asylum seekers who meet the definition of a refugee are granted a protection Visa. BOAT ARRIVALS = push back operations to indonesia + offshore processing to Nauru or Manus Island. |
