Courts

Results displayed under this category refer to research on the role of courts, court decisions, tribunals and jurisprudence related to migration matters. Courts can be either national (any levels) or international and are not limited to any legal area (i.e. criminal/penal, civil law, immigration tribunal)

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Closing Legal Black Holes: The Role of Extraterritorial Jurisdiction in Refugee Rights Protection

Authors T. De Boer
Year 2015
Journal Name Journal of Refugee Studies
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1 Journal Article

Suffer the Little Children to Come: The Legal Rights of Unaccompanied Alien Children under United States Federal Court Jurisprudence

Authors Claire Nolasco Braaten, Daniel Braaten
Year 2019
Journal Name International Journal of Refugee Law
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2 Journal Article

Female Genital Mutilation/Cutting as a Ground for Asylum in Europe

Authors Annemarie Middelburg, Alina Balta
Year 2016
Journal Name International Journal of Refugee Law
Citations (WoS) 1
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3 Journal Article

Beneficiaries of international protection travelling to their country of origin: Challenges, Policies and Practices in the EU Member States, Norway and Switzerland – Luxembourg

Authors Sarah Jacobs, Adolfo Sommarribas, Birte Nienaber
Description
The main objectives of this study of the European Migration Network are to provide objective and reliable information about beneficiaries of international protection who travel to their country of origin or come into contact with national authorities of their country of origin, and information on cases where international protection statuses were ceased leading to, for example, the status being ended, revoked or not renewed (as per Article 45 and 46 of the recast Asylum Procedures Directive) and, ultimately, the permission to stay withdrawn. For the Luxembourgish case, it is firstly important to note that beneficiaries of the refugee status and of the status of subsidiary protection are not subject to the same restrictions with regard to travel to the country of origin or contact with national authorities. While refugees are in principle not permitted to travel to the country of origin, beneficiaries of subsidiary protection are not subject to this restriction. In this context, the phenomenon of beneficiaries of the refugee status travelling to their country of origin is currently not considered a policy priority in Luxembourg. While it does occur, there are no statistics providing information on how many refugees undertake this journey or contact the national authorities, on the reasons for travel to the country of origin, nor is there any case law on the cessation of the refugee status for reasons of travel to the country of origin. Luxembourg’s authorities are not systematically informed of such events by the authorities of other Member States. Luxembourg has no external borders with the exception of the international airport of Luxembourg, from where only an extremely limited number of flights to third countries depart. Thus, it is extremely difficult to capture the extent of the phenomenon in Luxembourg. Luxembourg’s Asylum Law establishes the re-availment of the protection of the country of origin and the voluntary re-establishment in the country of origin as grounds for cessation of the refugee status. Travel to the country of origin or contact with its national authorities are not explicitly forbidden by legislation. In principle, refugees are not permitted to travel back to the country of origin. They are provided with this information on multiple occasions: for instance at the moment of the introduction of their application, as well as when they are issued the decision granting them protection. Their travel document also clearly states the restriction. There is no notification or authorisation procedure that would authorise such travel in Luxembourg. When the Directorate of Immigration has the information that a refugee travelled back to the country of origin, it will proceed to an in-depth analysis of the personal situation of the individual. Determining that this travel is proof of the voluntary re-establishment in the country of origin is however considered extremely difficult, as it is nearly impossible to ascertain the reasons for which the refugee returned. Furthermore, a short stay in the country of origin is not necessarily considered like the (permanent) establishment in the country of origin or a proof thereof. This is also due to the fact that the Luxembourgish authorities cannot contact the authorities of the country of origin and have no tools to undertake an investigation there in order to verify that the refugee has re-established him/herself. The travel and the surrounding circumstances can be taken into account if the minister decides to re-examine the validity of the status, which could potentially lead to a withdrawal. The Directorate of Immigration has never considered ceasing protection because a refugee contacted the authorities of the country of origin. Proving that this contact occurred in the first place, and next, proving that it constitutes a re-availment of the protection of the country of origin, is considered nearly impossible. In addition, it is a fact that certain administrative procedures require the production of official documents and that the substitution of these documents with affidavits are in practice not always feasible. As previously mentioned, beneficiaries of subsidiary protection are authorised to travel back to their country of origin and are permitted to contact the authorities of their country of origin. They are even encouraged to contact the national authorities in order to obtain a national passport. These actions can thus not lead to the cessation of the status of subsidiary protection. If the decision to cease the status is taken, the beneficiary is notified of this decision in writing. The decision can be appealed before the First instance Administrative Court. If the decision of the Court is negative, the individual can file an appeal before the Second instance Administrative Court. In principle, the decision to cease international protection carries a return decision. However, the individual can apply for another residence permit if s/he fulfils the conditions established in the Immigration Law. The same is true for family members who got a residence permit through family reunification with the concerned person: the family members will lose their right to stay unless they can gain access to another residence permit under the Immigration Law.
Year 2018
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5 Report

Dismantling the Dublin System: M.S.S. v. Belgium and Greece

Authors Violeta Moreno-Lax
Year 2012
Journal Name European Journal of Migration and Law
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6 Journal Article

Against All Odds: Turkey’s Response to “Undesirable but Unreturnable” Asylum-Seekers

Authors Didem Doğar
Year 2017
Journal Name Refugee Survey Quarterly
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7 Journal Article

Vertical Judicial Dialogues in Asylum Cases

Authors Dana Baldinger
Year 2018
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8 Book

International Protection in Court: The Asylum Jurisprudence of the Court of Justice of the EU and UNHCR

Authors M. Garlick
Year 2015
Journal Name Refugee Survey Quarterly
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9 Journal Article

The First Decade of EU Migration and Asylum Law

Authors Paul Minderhoud, Elspeth Guild
Year 2018
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10 Book

Excluding Women

Authors Catherine Dauvergne, Hannah Lindy
Year 2019
Journal Name International Journal of Refugee Law
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11 Journal Article

Introduction: The Role of International Organizations and Human Rights Monitoring Bodies in Refugee Protection

Authors M.-T. Gil-Bazo
Year 2015
Journal Name Refugee Survey Quarterly
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12 Journal Article

Children's Rights to Asylum in the Swedish Migration Court of Appeal

Authors Jonathan Josefsson
Year 2017
Journal Name The International Journal of Children’s Rights
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13 Journal Article

Love Thy Neighbour: Family Reunification and the Rights of Insiders

Authors Betty de Hart
Year 2009
Journal Name European Journal of Migration and Law
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14 Journal Article

Impartiality in the EU Asylum Procedure

Authors Pieter van Reenen
Year 2018
Journal Name European Journal of Migration and Law
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15 Journal Article

Security First: New Right-Wing Government in Poland and its Policy Towards Immigrants and Refugees.

Authors Witold Klaus
Year 2017
Journal Name SURVEILLANCE & SOCIETY
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16 Journal Article

Irregular Migration and Human Rights: Theoretical, European and International Perspectives

Authors Ryszard Cholewinski, Barbara Bogusz, Adam Cygan, ...
Year 2018
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18 Book

Environmental Displacement in European Asylum Law

Authors Finn Myrstad, Vikram Kolmannskog
Year 2009
Journal Name European Journal of Migration and Law
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19 Journal Article

Civil society and the mobilization of European human rights: Minorities and Immigrants in the Strasbourg Court

Description
LEGAPOLIS seeks to understand and explain how by interpreting the Convention the European Court of Human Rights has over time expanded and transformed from a primarily political and institutionally weak international regime into a binding legal system of transnational rights review. It explores in a systematic way the causes and consequences of its expansion by specifically focusing on the Court’s burgeoning case law pertaining to minorities, immigrants and asylum seekers. Through a series of case studies and comparative analyses, LEGAPOLIS explores the proposition that the Court’s expansion and institutionalization has been spanned by processes of social mobilization and repeat litigation on the one hand, and progressively more expansive interpretations by the Strasbourg Court. LEGAPOLIS employs a fundamentally interdisciplinary approach that extensively draws from legal studies but employs a political science and political sociology perspective with insights from European integration studies. In taking a bottom-up approach centring on the role of civil society, it shall make a distinct contribution to existing research on human rights and European integration, particularly from an interdisciplinary and contextual approach to law and rights that is highly undeveloped in Europe.
Year 2010
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20 Project

The Manus Island Regional Processing Centre: A Legal Taxonomy

Authors Nikolas Feith Tan
Year 2018
Journal Name European Journal of Migration and Law
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21 Journal Article

Economic man and diffused sovereignty: a critique of Australia's asylum regime

Authors Michael Welch
Year 2014
Journal Name Crime, Law & Social Change
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22 Journal Article

The Potential and Limitations of the Court of Justice of the European Union in Shaping International Refugee Law

Authors R. Bank
Year 2015
Journal Name International Journal of Refugee Law
Citations (WoS) 5
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24 Journal Article

The long-term impact of employment bans on the economic integration of refugees

Authors
Year 2018
Journal Name SCIENCE ADVANCES
Citations (WoS) 3
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25 Journal Article

Nowhere to run: Iraqi asylum seekers in the UK

Authors Helen Hintjens
Year 2012
Journal Name Race & Class
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26 Journal Article

Exploring the Role of Vulnerability in Immigration Detention

Authors Joanna Pétin
Year 2016
Journal Name Refugee Survey Quarterly
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27 Journal Article

The Problem of Exclusion from Refugee Status on the Grounds of Being Guilty of Terrorist Acts in the cjeu Case-law

Authors Anna Magdalena Kosińska
Year 2017
Journal Name European Journal of Migration and Law
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28 Journal Article

Family Reunification between Static EU Citizens and Third Country Nationals

Authors Chiara Berneri
Year 2018
Journal Name European Journal of Migration and Law
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30 Journal Article

'Precedent' and fundamental rights in the CJEU’s case law on family reunification immigration

Authors Marie DE SOMER, Maarten Peter VINK
Year 2015
Journal Name European integration online papers, 2015, Vol. 19, Special issue 1, Article 6, pp. 1-33
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37 Journal Article

Practical Implications: How to Deal with Structural Dilemmas?

Authors Julia Dahlvik
Book Title Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria
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38 Book Chapter

Who Ought to Stay? Asylum Policy and Protest Culture in Switzerland

Authors Dina Bader
Book Title Protest Movements in Asylum and Deportation
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39 Book Chapter

A safe harbour or a sinking ship? : on the protection of fundamental rights of asylum seekers in recent CJEU judgments

Authors Piotr SADOWSKI
Year 2019
Journal Name European journal of legal studies, 2016, Vol. 9, No. 1, pp. 211-249
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40 Journal Article

Member State responsibility for migration control within third states : externalisation revisited

Authors Frank MCNAMARA
Year 2013
Journal Name European Journal of Migration and Law
Citations (WoS) 5
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41 Journal Article

Conclusion: Integration from Below?

Authors Ronit Lentin
Book Title Migrant Activism and Integration from Below in Ireland
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43 Book Chapter

Racial surveillance and the mental health impacts of electronic monitoring on migrants

Authors Monish Bhatia
Year 2021
Journal Name Race & Class
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44 Journal Article

Asylum Policies and Protests in Austria

Authors Verena Stern, Nina Merhaut
Book Title Protest Movements in Asylum and Deportation
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45 Book Chapter

On Silence, Sexuality and Skeletons: Reconceptualizing Narrative in Asylum Hearings

Authors Toni A. M. Johnson
Year 2011
Journal Name SOCIAL & LEGAL STUDIES
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47 Journal Article

Speaking of Rights: The Influence of Law and Courts on the Making of Family Migration Policies in Germany

Authors Saskia Bonjour
Year 2016
Journal Name Law & Policy
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48 Journal Article

A companion to European Union law and international law

Authors Dennis PATTERSON, Anna SÖDERSTEN
Year 2016
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50 Book

The Employment Contract Revisited. Undocumented Migrant Workers and the Intersection between International Standards, Immigration Policy and Employment Law

Authors Andreas Inghammar, Andreas Inghammar
Year 2010
Journal Name European Journal of Migration and Law
Citations (WoS) 6
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51 Journal Article

Guilt by Association: Ezokola's Unfinished Business in Canadian Refugee Law

Authors Jennifer Bond, Nathan Benson, Jared Porter
Year 2020
Journal Name REFUGEE SURVEY QUARTERLY
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52 Journal Article

Migration and Asylum Cases before the Court of Justice of the European Union: Putting the Eu Charter of Fundamental Rights to Test?

Authors Francesca Ippolito
Year 2015
Journal Name European Journal of Migration and Law
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53 Journal Article

Recent Developments in eu Law on Migration: The Legislative Patchwork and the Court’s Approach

Authors Kees Groenendijk
Year 2014
Journal Name European Journal of Migration and Law
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54 Journal Article

PROBLEMS OF USE OF LANGUAGE IN ADMINISTRATIVE CASE LAW: RECOMMENDATIONS FOR LANGUAGE POLICY

Authors Polonca Kovac
Year 2017
Journal Name TEORIJA IN PRAKSA
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55 Journal Article

The Causes of Pro-Immigration Voting in the United States Supreme Court

Authors Melissa G. Ocepek, Joel S. Fetzer
Year 2010
Journal Name International Migration Review
Citations (WoS) 3
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56 Journal Article

Health Inequity and “Restoring Fairness” Through the Canadian Refugee Health Policy Reforms: A Literature Review

Authors Valentina Antonipillai, Olive Wahoush, Andrea Baumann, ...
Year 2018
Journal Name Journal of Immigrant and Minority Health
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59 Journal Article

Responsibility vs. Dissociation

Authors Julia Dahlvik
Book Title Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria
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60 Book Chapter

EU migration law : legal complexities and political rationales

Authors Loic AZOULAI, Karin DE VRIES
Year 2014
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62 Book

Symbolic Politics and Policy Feedback: The United Nations Protocol Relating to the Status of Refugees and American Refugee Policy in the Cold War

Authors Rebecca Hamlin, Philip E. Wolgin
Year 2012
Journal Name International Migration Review
Citations (WoS) 3
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63 Journal Article

Introduction

Authors Julia Dahlvik
Book Title Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria
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64 Book Chapter

Populism, exceptionality, and the right to family life of migrants under the European Convention on Human Rights

Authors Vladislava STOYANOVA
Year 2018
Journal Name European journal of legal studies, 2016, Vol. 9, No. 1, pp. 211-249
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65 Journal Article

The Exclusiveness of Inclusion: On the Boundaries of Human Rights in Protecting Transnational and Second Generation Migrants

Authors Anuscheh Farahat, Anuscheh Farahat
Year 2009
Journal Name European Journal of Migration and Law
Citations (WoS) 2
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66 Journal Article

Finding Agency in Adversity: Applying the Refugee Convention in the Context of Disasters and Climate Change

Authors Matthew Scott
Year 2016
Journal Name Refugee Survey Quarterly
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67 Journal Article

The increasing use of detention of asylum seekers and irregular migrants in the EU

Authors Carmine Conte, Valentina Savazzi, Migration Policy Group (MPG)
Year 2019
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69 Policy Brief

National Welfare Systems, Residency Requirements and EU Law: Some Brief Comments

Authors Michael Dougan
Year 2016
Journal Name European Journal of Social Security
Citations (WoS) 2
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70 Journal Article

The Concept of Integration in the Jurisprudence of the European Court of Human Rights

Authors Clíodhna Murphy
Year 2010
Journal Name European Journal of Migration and Law
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71 Journal Article

ECJ Judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence

Authors Michael Blauberger, Dorte Sindbjerg Martinsen, Benjamin Werner, ...
Year 2018
Journal Name Journal of European Public Policy
Citations (WoS) 12
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72 Journal Article

The Janus-faced court of naturalisation: marriage and kinship in naturalisation litigation in South Korea

Authors Nora Hui-Jung Kim
Year 2016
Journal Name Journal of Ethnic and Migration Studies
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73 Journal Article

A Bird’s Eye View on ECJ Judgments on Immigration, Asylum and Border Control Cases

Authors Daniel Thym
Year 2019
Journal Name European Journal of Migration and Law
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74 Journal Article

Homonationalist/Orientalist Negotiations: The UK Approach to Queer Asylum Claims

Authors Rosa dos Ventos Lopes Heimer
Year 2020
Journal Name SEXUALITY AND CULTURE
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75 Journal Article

The Concept of Integration in the Jurisprudence of the European Court of Human Rights

Authors Cliodhna Murphy
Year 2010
Journal Name European Journal of Migration and Law
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76 Journal Article

The application of the EU-Turkey agreement : a critical analysis of the decisions of the Greek appeals committees

Authors Mariana GKLIATI
Year 2017
Journal Name European journal of legal studies, 2016, Vol. 9, No. 1, pp. 211-249
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77 Journal Article

'Closure' at Manus Island and carceral expansion in the open air prison

Authors Maria Giannacopoulos, Claire Loughnan
Year 2020
Journal Name GLOBALIZATIONS
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78 Journal Article

Advancing human rights through constitutional protection for gays and lesbians in South Africa

Authors R Louw
Year 2005
Journal Name JOURNAL OF HOMOSEXUALITY
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79 Journal Article

An Overview and Critique of US Immigration and Asylum Policies in the Trump Era

Authors Paul Wickham Schmidt
Year 2019
Journal Name Journal on Migration and Human Security
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81 Journal Article

Good mothers, bad mothers : transnational mothering in the European Court of Human Rights' case law

Authors Fulvia STAIANO
Year 2013
Journal Name European Journal of Migration and Law
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82 Journal Article

EU Citizens, Residence Rights and Solidarity in the Post-Dano/Alimanovic Era in Germany

Authors Stamatia Devetzi
Year 2019
Journal Name European Journal of Migration and Law
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83 Journal Article

UK: the way to pariah status in Europe

Authors Frances Webber
Year 2013
Journal Name Race & Class
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85 Journal Article

(In)formal Migrant Settlements and Right to Respect for a Home

Authors Lieneke Slingenberg, Louise Bonneau
Year 2017
Journal Name European Journal of Migration and Law
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86 Journal Article

Integration of aliens and reintegration of returnees in the Republic of Armenia : legal aspects

Authors Petros AGHABABYAN
Description
The integration of migrants is a complex and lengthy process, and it depends on a number of factors: socio-economic, psychological, legal and political. Research covering this issue, conducted in Armenia, mainly relate to the local integration of the refugees forcibly displaced from Azerbaijan in 1988-1992 and especially to socio-economic aspects of that process . This is due to the fact that since independence refugees were the most important numerically, and their socio-economic issues were acute. Research has covered a wide range of integration issues with special emphasis on legal acts ensuring the implementation of this process/procedure. In particular, the issues related to the integration of foreign nationals (who are ethnically Armenian) arriving in Armenia from the Diaspora, as well as new refugees, who have found asylum in Armenia since 2000, not to mention the refugees who arrived 1988-1992, were examined. The RA citizens returning from foreign states to Armenia have been considered as a separate migration flow and the issues related to their reintegration are also touched upon. Relevant legal acts have been analyzed in the light of challenges faced in their implementation. Some institutional decisions, case-law, findings of the International organizations, NGOs, etc. have been included in the paper.
Year 2013
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87 Report

The Limits of Procedural Discretion: Unequal Treatment and Vulnerability in Britain's Asylum Appeals

Authors Nick Gill, Jennifer Allsopp, Rebecca Rotter, ...
Year 2018
Journal Name SOCIAL & LEGAL STUDIES
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88 Journal Article

Investigated or ignored? An analysis of race-related deaths since the Macpherson Report

Authors Harmit Athwal, Jon Burnett
Year 2014
Journal Name Race & Class
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90 Journal Article

Trafficking in Persons in Jordan

Authors Mohamed Y. OLWAN
Description
The study is designed to offer the reader an outline of Jordan’s legal responses to human trafficking. It is divided into five sections: legal framework of human trafficking; child labor and human trafficking; migrant domestic workers and human trafficking; migrant laborers in the qualified industrial zones (Qizs); and finally Jordanian case law. The conclusion then follows these five sections. Cette étude vise à présenter au lecteur les réponses juridiques apportées par la Jordanie à la traite des personnes. Elle est en cinq sections : le cadre juridique de la traite des personnes, le travail des enfants et la traite, les migrants travailleurs domestiques et la traite, les travailleurs migrants dans les zones qualifiées industrielles et enfin la jurisprudence jordanienne. Une conclusion suivra ces cinq sections.
Year 2011
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91 Report

State of Control: Unknown Migrant Children

Authors Andreas Lundstedt
Year 2020
Journal Name INTERNATIONAL MIGRATION
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92 Journal Article

Still Silencing the Racism Suffered by Migrants . . . The Limits of Current Developments under Article 14 ECHR

Authors Marie-Bénédicte Dembour
Year 2009
Journal Name European Journal of Migration and Law
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93 Journal Article

Assuming Reintegration, Experiencing Dislocation - Returns from Europe to Afghanistan

Authors Nassim Majidi
Year 2020
Journal Name INTERNATIONAL MIGRATION
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94 Journal Article

Scales of grievability: on moving children and the geopolitics of precariousness

Authors Sonja van Wichelen
Year 2015
Journal Name Social & Cultural Geography
Citations (WoS) 8
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95 Journal Article

Whose Freedom of Movement Is Worth Defending?

Authors Sarah Fine
Book Title Debating European citizenship
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97 Book Chapter

European Asylum Law and International Law

Authors Hemme Battjes
Year 2018
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98 Book

Selective Citizenship: How the Court of Justice Linked Security of Residence to Integration

Authors Bernard Ryan
Year 2019
Journal Name European Journal of Migration and Law
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99 Journal Article

The Competence of the EC Court of Justice with respect to inter-governmental Treaties on Immigration and Asylum

Authors C. A. GROENENDIJK
Year 1992
Journal Name International Journal of Refugee Law
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100 Journal Article
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