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What characterizes a refugee asylum?

  • It is for refugees fearing persecution in their home country. (correct)
  • It is granted only to those with an approved immigration status.
  • It is sought by individuals seeking economic improvements.
  • It is exclusively for those who have crossed international borders.

    • What defines extra-territorial or diplomatic asylum?

  • An automatic right to asylum in foreign embassies.
  • Exclusive shelter provided to economic migrants.
  • Asylum granted only in cases of immigration violations.
  • Asylum sought within the territory of the state from which refuge is sought. (correct)

    • Under what condition can diplomatic asylum be granted?

  • As long as the embassy agrees to the request.
  • When the applicant has a pending immigration case.
  • Only if the individual is in imminent physical danger. (correct)
  • Whenever the applicant is unhappy in their home country.

    • What must an asylum seeker demonstrate?

    <p>A well-founded fear of persecution in their home country.</p> Signup and view all the answers

    What is the status of an asylum seeker while their application is pending?

    <p>They remain an asylum seeker until a decision is made.</p> Signup and view all the answers

    What distinguishes general asylum from refugee asylum?

    <p>General asylum is primarily for economic migrants.</p> Signup and view all the answers

    Once the danger has abated, what is expected in terms of diplomatic asylum?

    <p>The individual must leave the premises immediately.</p> Signup and view all the answers

    Which of these groups is classified as asylum seekers?

    <p>All persons forced to leave their country for various reasons.</p> Signup and view all the answers

    What percentage of Myanmar's total population are Rohingyas?

    <p>6.36%</p> Signup and view all the answers

    What does the 1982 citizenship law declare about Rohingyas?

    <p>They are foreign residents.</p> Signup and view all the answers

    Which ethnic group are Rohingyas most closely related to?

    <p>Bengalis</p> Signup and view all the answers

    What is one of the main objectives of the military Junta regarding Rohingyas?

    <p>To Burmanise the region by reducing Muslim presence.</p> Signup and view all the answers

    What actions have been reported against the Rohingya population?

    <p>Arbitrary arrests and torture.</p> Signup and view all the answers

    What type of international law do the reported actions against Rohingyas potentially violate?

    <p>Crimes against humanity.</p> Signup and view all the answers

    During which century did the Rohingyas settle in Arakan?

    <p>7th century AD.</p> Signup and view all the answers

    Which of the following describes the status of Rohingyas in Myanmar currently?

    <p>They are facing genocide and ethnic cleansing.</p> Signup and view all the answers

    What is an asylum seeker?

    <p>A person whose claim for refugee status has not been evaluated.</p> Signup and view all the answers

    Which of the following best describes the term 'non-refoulement'?

    <p>The protection against returning asylum seekers to countries where they fear persecution.</p> Signup and view all the answers

    What distinguishes an asylum seeker from a refugee?

    <p>A refugee has a confirmed asylum status while an asylum seeker does not.</p> Signup and view all the answers

    What is the primary requirement for someone to be considered a refugee according to the 1951 Convention?

    <p>The individual must demonstrate a well-founded fear of persecution.</p> Signup and view all the answers

    What can be said about the status of an asylum seeker?

    <p>An asylum seeker remains in that status until their application is approved or denied.</p> Signup and view all the answers

    Which of the following is NOT a category under the right of asylum?

    <p>The Right of an Individual to Evade Legal Proceedings.</p> Signup and view all the answers

    An asylum seeker may include individuals who:

    <p>Cannot satisfy the strict criteria of the 1951 Refugee Convention.</p> Signup and view all the answers

    How does the definition of an asylum seeker differ from that of a refugee?

    <p>An asylum seeker claims refugee status but has not been evaluated, unlike a refugee.</p> Signup and view all the answers

    What is the main reason for Bangladesh's lack of interest in resettling Rohingya refugees?

    <p>Fear of increasing the number of Rohingya refugees.</p> Signup and view all the answers

    What does the principle of Non-Refoulement prevent?

    <p>Sending a refugee back to their home country where their life is at risk.</p> Signup and view all the answers

    Which international document explicitly ensures the Non-Refoulement principle?

    <p>The 1951 Refugee Convention.</p> Signup and view all the answers

    How is Non-Refoulement characterized in international law?

    <p>As a non-derogable right of refugees.</p> Signup and view all the answers

    What is the implication of Article 42(1) of the 1951 Refugee Convention regarding reservations?

    <p>No reservations on the principle of Non-Refoulement are permitted.</p> Signup and view all the answers

    What does the Cartagena Declaration identify Non-Refoulement as?

    <p>A cornerstone of international refugee protection.</p> Signup and view all the answers

    According to the General Conclusion of the Executive Committee, how is Non-Refoulement viewed?

    <p>As progressively acquiring the character of a peremptory rule.</p> Signup and view all the answers

    What does Article 53 of the Vienna Convention state about treaties?

    <p>They are void if they conflict with peremptory norms.</p> Signup and view all the answers

    Who is eligible for protection against refoulement under Article 33(1) of the 1951 Convention?

    <p>Any person defined as a refugee under the 1951 Convention</p> Signup and view all the answers

    What kinds of actions fall under the prohibition of refoulement?

    <p>Forcible removal like deportation or extradition</p> Signup and view all the answers

    What must states do if they do not grant asylum to persons seeking global protection?

    <p>Adopt measures to avoid their removal to places where danger exists</p> Signup and view all the answers

    To whom does the non-refoulement obligation under Article 33 apply?

    <p>To all organs of a State party and entities acting on its behalf</p> Signup and view all the answers

    Under what circumstances can exceptions to the principle of non-refoulement be permitted?

    <p>If there are reasonable grounds to believe the person poses a danger</p> Signup and view all the answers

    How does Article 33(2) relate to international human rights law regarding non-refoulement?

    <p>It does not affect non-refoulement obligations under international human rights law</p> Signup and view all the answers

    What is characterized as an essential component of global refugee protection?

    <p>The principle of non-refoulement</p> Signup and view all the answers

    Which of the following statements is true regarding refugees who pose a danger to security?

    <p>They may not claim the benefit of Article 33(1)</p> Signup and view all the answers

    What best describes the principle of non-refoulement as it pertains to refugee protection?

    <p>An obligation to provide refuge to individuals fleeing persecution.</p> Signup and view all the answers

    Which statements are true regarding Bangladesh's obligations toward refugees?

    <p>Bangladesh has an international obligation to protect refugees despite not being a party to the 1951 Refugee Convention.</p> Signup and view all the answers

    Which factor contributes to the ongoing Rohingya refugee problem in Bangladesh?

    <p>Long-standing historical disputes and ethnic tensions.</p> Signup and view all the answers

    What does the quote from the 19-year-old refugee illustrate about the experience of Rohingyas?

    <p>A feeling of being trapped with no safe options.</p> Signup and view all the answers

    How has Bangladesh previously responded to Rohingya refugee influxes?

    <p>By sometimes granting asylum but denying entry recently.</p> Signup and view all the answers

    What is a consequence of the Rohingya crisis on Bangladesh-Myanmar relations?

    <p>Increased tensions and diplomatic conflicts.</p> Signup and view all the answers

    What does the term 'Rohingya' refer to?

    <p>An ethnic Muslim minority group.</p> Signup and view all the answers

    Which aspect of the Rohingya crisis complicates its resolution?

    <p>Lack of a consensus on their historical origin.</p> Signup and view all the answers

    Study Notes

    International Law of Refugees: Loss of Refugee Status

    • Refugee status is not permanent; it can be lost after a set period or under various circumstances.
    • Refugee status continues as long as the fear of persecution persists.
    • Loss of status occurs when the circumstances that caused the fear of persecution cease to exist, and this change is significant and permanent.
    • Refugee status can be cancelled, ceased, or revoked.

    Ways of Losing Refugee Status: Cancellation

    • Cancellation invalidates a positive refugee status determination that should not have been made.
    • It makes the refugee status null and void from the initial determination onwards.
    • It applies to final determinations that cannot be appealed.
    • Cancellation happens when circumstances indicate a person should never have been recognized as a refugee in the first place (e.g., significant fraud).

    Ways of Losing Refugee Status: Cessation

    • Cessation of refugee status happens due to changes in the individual's situation or changes in the persecuting country.
    • International protection is no longer necessary based on certain voluntary acts.
    • A fundamental change in the country of origin might lead to cessation.
    • Cessation only affects the future.

    Ways of Losing Refugee Status: Revocation

    • Revocation of refugee status pertains to situations where a refugee's subsequent actions warrant the status loss.
    • It happens when a refugee undertakes actions that fall under the exclusion criteria of the 1951 Convention (e.g., engaging in serious conduct).

    Cancellation: Meaning

    • Cancellation is the invalidation of a positive refugee status determination that shouldn't have occurred.
    • It renders the refugee status null and void from the initial decision.
    • It applies to final determinations that are no longer subject to appeal or review.

    Grounds for Cancellation

    • Substantial fraud by the applicant concerning eligibility for protection.
    • Misconduct affecting eligibility (e.g., threats, bribery).
    • Applicability of an exclusion clause (with or without fraud).
    • Error of law or fact by the determining authority in inclusion/exclusion criteria.

    Cancellation due to Fraud

    • Fraud invalidates anything it touches.
    • Refugee status is cancellable if obtained through fraud in most countries; discretion varies in others.
    • Three elements for fraud-based cancellation:
      • Objectively false statements by the applicant.
      • Causality between the claims and the decision.
      • Intention to mislead by the applicant.

    Cancellation based on Other Misconduct

    • Administrative actions obtained through threats or bribery are invalid ab initio (from the outset).
    • The applicant's misconduct must be substantial and related to the decision.
    • Officials accepting bribes face disciplinary measures and potential criminal prosecution.

    Cancellation due to Mistake

    • Recognizing a refugee who doesn't meet the 1951 Convention criteria due to an error by the determining authority can lead to cancellation.
    • The nature and seriousness of the error matter.
    • Legitimate interests or acquired rights of the concerned person may outweigh the public interest in correcting an error.

    Cancellation based on Exclusion Provisions

    • Many countries' national legislation explicitly allows for cancellation of refugee status if one of the exclusion clauses of the 1951 Convention applies.
    • Authorities must consider all aspects of the exclusion clause applicability, not just partial indications.

    Principle of Non-refoulement

    • A paramount international law principle that prohibits returning persons to places where they may face persecution, torture, or inhuman treatment.
    • It applies prior to and during the refugee status determination process.
    • The principle applies even to those states not party to the 1951 Refugee Convention.
    • States cannot return individuals to territories where their life or freedom might be threatened due to race, religion, nationality, political opinion, or membership in a particular social group.

    Exceptions to Non-refoulement

    • Refoulement may be permissible under Article 33(2) only in specific circumstances.
    • The potential danger to a refugee's life or freedom must be grounded.
    • Refoulement is not permissible if the risk pertains to human rights violations, such as torture.

    UNHCR

    • The UNHCR is part of the United Nations system mandated to protect refugees, internally displaced persons and stateless people, and assist them.
    • Key UNHCR functions include determination of refugee status, emergency assistance, care, maintenance, and voluntary repatriation.
    • UNHCR helps refugees settle in the country of asylum and facilitates resettlement.
    • UNHCR also facilitates the resolution of refugee problems in a diplomatic way. Its function is broadly to support the international protection and human rights of refugees.

    Asylum of Refugees

    • Asylum is a right recognised by international law, however, the individual right to asylum is not yet recognised.
    • States have a right to grant asylum, and a duty not to expel a refugee into danger.
    • The UNHCR has a mandate to protect refugees.
    • The concept of asylum involves more than a shelter place and involves active protection by the host state.
    • Asylum can be classified into territorial and diplomatic.

    Asylum Defined

    • Asylum is the protection that a state grants to a person seeking it.
    • A person is granted shelter and protection, which extends beyond a temporary refuge.
    • The state granting asylum has a duty to safeguard the person.
    • The granting of asylum is humanitarian; not to be considered unfriendly by other states.

    Who is an Asylum Seeker?

    • An asylum seeker seeks refugee protection but has not yet been formally recognised as a refugee.
    • An asylum seeker must demonstrate a well-founded fear of persecution in the home country.
    • This status is temporary and dependent on the effectiveness of their application or appeal (if applicable).

    Asylum Seeker and Refugee: Distinctions

    • Asylum seekers are requesting refugee status, while refugees have fulfilled the requirements.
    • Asylum seekers could become refugees if their application is successful.
    • Asylum seeker categorization has broader possible grounds for fleeing than refugee categorization, which is narrower.

    History of Rohingya Refugees

    • The Rohingya have a history of exclusion and marginalization in Myanmar.
    • A 1982 citizenship law denied them nationality, marking a period of escalating persecution.
    • The Rohingya are being subjected to widespread persecution and discrimination, leading to mass-scale refugee immigration.
    • Rohingyas are recognized as both stateless and refugees.
    • Myanmar and Bangladesh have signed international agreements promoting universal respect for human rights.
    • However, they haven't ratified international conventions further detailing these principles.
    • Myanmar is obligated to protect its Rohingya population; stopping violence, allowing access, and avoiding further displacement.
    • Bangladesh is obliged to provide non-refoulement and protection to Rohingya refugees under international law.

    Issues for Non-Accession of Bangladesh

    • The 1951 Refugee Convention is criticized for being Euro-centric and not addressing the wide range of issues faced by refugees (e.g., economic migrants).
    • UNHCR is dependent on Western donor countries for funding, which is a concern.
    • There is a scarcity of comprehensive national refugee legislation in South Asia.

    UNHCR's Core Mandate

    • The UNHCR's mandate is non-political and humanitarian, aimed at providing international protection and finding permanent solutions for refugees.

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