Housekeeping

1
Housekeeping

• case note assignments are due on Friday
• remember that class is cancelled on Wednesday
  February 28th
• office hours cancelled this afternoon

2
Refugee Admissions

• key IRPA sections for todays class 96 and 98
• related provisions 99 - 111
• inland refugee determinations
• overseas refugees visa application, sponsorship
  s. 13(2), country of asylum class and source
  country class (regs 146-8)

3
International Law Documents

• 1951 Convention relating to the Status of
  Refugees
• 1967 Protocol relating to the Status of Refugees
• earlier international documents
• humanitarian objectives, not to be the source of
  tensions between states
• key features defn, non-refoulement,
  non-discrimination on basis of extra-legal entry,
  human rights
• is this a human rights document?

4
Refugee Definition

• A refugee is any person who
• owing to a well-founded fear of being persecuted
  for reasons of race, religion, nationality,
  membership in a particular social group or
  political opinion, is outside the country of his
  nationality () and is unable or unwilling to
  avail himself of the protection of that country
• Article 1 A (2)

5
Key features of the refugee definition

• grounds
• nexus
• subjective and objective fear
• persecution
• crossed an international border
• state protection

6
Exclusion Provisions

• s. 98
• Article 1 E has taken up residence and has
  rights elsewhere
• Article 1 F i) crimes against peace, humanity, or
  war crimes ii) serious non-political crime
  outside country of refuge and before becoming
  refugee iii) guilty of acts contrary to purposes
  of the UN
• Canada adds in s. 100 inadmissibility due to
  security grounds, human rts violations serious
  or organized criminality

7
Being Persecuted

• not a defined term
• some ideas systemic harassment life or
  liberty human rights
• vs mere discrimination
• vs criminal prosecution a) reason for
  prosecution b) politically motivated crimes
• internal flight alternatives
• civil war scenario
• agents of persecution
• state protection (notion of surrogate protection)

8
Hathaways organizing construct

• core human rights most basic principles, no
  derogation at intl law
• discriminatory abrogation of second set of
  rights civil and political
• failure to implement a right in the third (social
  and economic) category if discriminatory or not
  because of resources