Topic outline

  • General

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    • Module Announcements Forum
      View all general news and announcements from your module convener.
    • IMPORTANT MODULE INFORMATION Tab display
    • Student forum

      This forum is available for everyone to post messages to. Students can raise questions or discuss issues related to the module. Students are encouraged to post to this forum and it will be checked weekly by the module convener. Students should feel free to reply to other students if they are able to.

    • Supplemental Reading Forum
      This forum is for the purpose of introducing each other to books within the broader field of refugee studies, extending beyond the legal space. Feel free to recommend books you have read or plan on reading within politics, political theory, social theory, postcolonial studies, feminist theory, anthropology, etc.

    • SOLM171 - International Refugee Law: Syllabus (2024-2025) File
      336.2 KB
    • Opportunities Forum

      The following forum provides a centralised space for the module convener and students to upload opportunities relevant to the study of and working in the refugee law sector.

      (New Window) Opportunities in London

  • SYLLABUS AND IMPORTANT MODULE INFORMATION

    • Module Description

      This module examines the international law dimensions of protecting refugees and other categories of forced migrants. It provides a comprehensive overview of the concepts and workings of international law, in general, and international refugee and human rights law, in particular, as they relate to the phenomenon of forced displacement. While international refugee and human rights law forms the backbone of the course, the module will also cover aspects of international criminal law, international human rights law and international humanitarian law as these apply to refugees and other forced migrants.

      The module will start by studying the rationale and development of refugee law up to its codification in the 1951 Refugee Convention and 1967 Protocol. The institutions tasked with overseeing the implementation of these instruments will also be examined, with a particular focus on UNHCR and UNRWA. The study of substantive law, including State practice and case law of national and international courts and Treaty bodies, will follow thereafter in thematic blocs: 1) the ethical roots of refugeehood; 2) the refugee definition (inclusion, exclusion, and cessation of refugee status); 3) the content of international protection and the principle of non-refoulement; 4) extended and complementary forms of protection; 5) war and displacement; 6) the status of Palestinian refugees; 7) the right to asylum and other 'durable solutions'; 8) access to protection and the impact of policies of non-entrée.

      Learning Aims and Outcomes

      • This module aims to raise awareness among students of the global and current phenomenon of forced migration and the problem it poses from a legal perspective.
      • The module will equip students with the necessary tools to understand how the international community's concern for forced migration translates into an evolving set of legal norms, mechanisms and procedures. 
      • The course will provide students with a conceptual framework and legal methodology for the analysis of forced migration under international law and related sub-systems.
      • At the end of the course, students will be able to understand the potential and limits of international law, both as an operative and normative system, for the protection of refugees and other categories of forced migrants. They will be able to analyse and articulate informed legal arguments on forced migration and their regulation under international law, making use of the relevant sources.

    • SOLM171 Coursework Guidelines 24/25 File
      111.0 KB

    • Mondays 9.00-12.00, Laws 102, Mile End Campus

      SCHEDULE

      WEEK 

      DATE

      TOPIC

      ACTIVITY [tbc]

      1

      30 SEP

      INTRODUCTION & Development of the 'International Refugee Regime' and differential treatment of mobility

      Reflection exercise: why do we protect refugees?

      2

      07 OCT.

      Refugee status determination: Inclusion (I)

      Drafting case note and asylum interview questions based on sample interview, discussion on use of AI in asylum determination

      3

      14 OCT.

      Refugee status determination: INCLUSION (II)

      Student groups' presentations: approaches to "particular social group"

      4

      21 OCT.

      Refugee status determination: EXCLUSION

      Drafting third-party legal intervention and discussion: the case of tolep

      5

      28 OCT.

      Refugee status determination: CESSATION & REMOVAL

      Case law analysis and discussion exercise:  CJEU c-175/08 Abdulla

      6

      reading week

      no classes

      Individual work on final essay

      7

      11 NOV.

      The principle of non-refoulement and complementary protection

      Team debate exercise: non-refoulement

      8

      18 NOV.

      Regional definitions and Conflict-based refugees

      Legal regime interaction and discussion exercise: "war refugees"

      9

      25 NOV.

      The status of Palestinian refugees and UNRWA

      Draft advocacy brief

      10

      02 DEC.

      International Protection and Solutions: asylum, returns and resettlement

      Practitioner roundtable

      11

      09 DEC.

      Circumventing refugee law: 'Non-entry' policies, externalisation, and criminalisation

      Draft a scoping memo and presentations

    • MODULE EXPECTATIONS


      TEACHING ARRANGEMENTS

      The learning experience in each week session will comprise different but complementary components:

      •  Seminars by the teaching team, taking place during Weeks 1 - 5 and Weeks 7 - 11 of the module, devoted to the study of the most important issues regarding refugees and forced migration law and policy, providing a detailed overview of each week's topic.

      • Consolidation activities coordinated by the module convener with the teaching team, taking place during Weeks 1 - 5 and Weeks 7 - 11 of the module, providing an opportunity to apply the knowledge gained through seminar discussions, as well as pre-seminar readings and preparation to specific scenarios and in different formats. To cater for different preferences and hone a variety of transferable skills, activities will take different shapes, including debates, problem-solving exercises, group presentations, etc.

      All components will be interactive. Instructions and readings will be set in advance of each session (see weekly tabs below). The expectation is that students come prepared to participate in all activities.


    • SAMPLE FINAL ESSAYS


    • SAMPLE FINAL ESSAY (Grade: 78/100) File
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    • SAMPLE FINAL ESSAY (Grade: 68/100) File
      376.2 KB
    • SAMPLE FINAL ESSAY (Grade: 55/100) File
      278.5 KB

  • Where to get help

    There are several resources at your disposal to help with studying and essay writing throughout the term:

    1) Use the student forum to post questions regarding seminar preparation, readings, and consolidation activities.

    2) For individual issues email the module convener or relevant member of the teaching team to book a meeting.

    3) For assistance with writing and studying during the course:

    • One-on-one guidance by our Royal Literary Fund Fellows scheme to be booked in advance, via:

    < https://www.qmul.ac.uk/library/academic-skills/accessing-support/rlf/ >

    •  A range of other complementary Writing and Study Guidance, including one-on-one tutorials, reading workshops, drop-in sessions, small writing groups, etc., available via:

    < https://www.qmul.ac.uk/library/academic-skills/online-study-resources/ >

    < (New Window) Bookable one-to-ones - Library Services (qmul.ac.uk) >


  • Week 1 - Introduction, Development of the 'International Refugee Law Regime' and differential treatment of mobility (30 Sep)

    • Week 1 - INTRODUCTION

      The first part of this week's session will be used to cover the following:

      1) Who’s Who: Individual introductions

      2) Introduction to the module

      3) Introduction to seminar sessions and consolidation activities

      4) Assessment and guidance

       week 1 - SEMINAR OVERVIEW

      The first seminar aims to introduce some themes and questions relevant to the remainder of the module. Before turning to the legal frameworks of the international refugee regime, we consider the political, philosophical and ethical bases which historically situate the regime. The readings will map the various literature on refugee protections, encouraging us to consider these two fundamental questions: (i) why do we aim to protect refugees, and (ii) why do we differentiate refugees from other forms of mobility. In this module, we will repeatedly return to considerations of how the historical development of the international refugee regime and its underpinnings, have shaped international law on refugees.

      week 1 - CONSOLIDATION ACTIVITY

      The consolidation activity this week will consist of a text analysis and reflection exercise, used to put in context the piece of reading suggested below.  

      week 1 - TASKS

      Individual Reading & Discussion

      Please read the two compulsory readings and take notes to answer the questions listed below. At the consolidation activity session, you will be asked to briefly present and discuss the different schools of thought relating to refugee protection. The intention of the Benhabib and Nathwani reading (13 pages) is to provide an overview of these schools of thought—more detailed reading or knowledge of the different approaches is welcome but not expected. Chimni’s groundbreaking paper from 1998 (21 pages) offers a critique of international refugee law and the tension between positivist law and political praxis.

      Questions

      1.       What special sense of duty connects us to those whom we call ‘refugees’, and how does this duty translate into providing protection?

      2.       In assessing the responsibilities owed towards refugees, what do the different schools of thought seek to balance those responsibilities with?

      3.       Is the legal definition of a refugee, contained in article 1(a)(2) of the 1951 Refugee Convention enough to meet our ethical, political and/or moral duties to mobile populations? Why or why not?

      4.       How does Chimni’s paper relate to recent examples of differential treatment of refugees? What does the further distinction of refugees tell us about the different schools of thought regarding refugee protection?

      5.       Is refugee law a ‘discipline of crisis’? How does this effect the accessibility of refugee protections?

      Readings

      Compulsory

      S Benhabib and N Nathwani, ‘Chapter 6: The Ethics of International Refugee Protection’ in The Oxford Handbook of International Refugee Law eds. Cathryn Costello, Michelle Foster and Jane McAdam, (Oxford University Press: 2021)

      B Chimni, ‘Geopolitics of Refugee Studies: A view from the South’, (1998) Journal of Refugee Studies

      Suggested

      Y Su, ‘Ukraine: the good, bad and ideal refugees’, (2022) The Conversation,  <https://theconversation.com/ukraine-the-good-bad-and-ideal-refugees-176926>;

      A Betts, ‘The Normative Terrain of the Global Refugee Regime’, (2015) Ethics and International Affairs

      C Dauvergne, ‘Refugee Law as perpetual crisis’, in Contemporary Issues in Refugee Law eds. Satvinder Singh Juss and Colin Harvey, (2013) Edward Elgar Publishing

      MJ Gibney, The Ethics and Politics of Asylum (2004) Cambridge University Press, Chapters 1 and 2

      (New Window) Roger Zetter, 'More Labels, Fewer Refugees: Remaking the Refugee Label in an Era of Globalization' (2007) 20(2) Journal of Refugee Studies

    • Week 1 - Compulsory Reading - The Ethics of International Refugee Protection File

      S Benhabib and N Nathwani, ‘Chapter 6: The Ethics of International Refugee Protection’ in The Oxford Handbook of International Refugee Law eds. Cathryn Costello, Michelle Foster and Jane McAdam, (Oxford University Press: 2021)


      1.0 MB
    • Week 1 - Compulsory Reading - Geopolitics of Refugee Studies: A view from the South File

      B Chimni, ‘Geopolitics of Refugee Studies: A view from the South’, (1998) Journal of Refugee Studies


      1.4 MB
    • SOLM171 - Week 1 - Presentation File
      2.4 MB

    • Week 1 - Additional Material

      VIDEO MATERIALS

      · Becoming a refugee: Through music, the video below encourages us to think about who becomes a refugee and what the experience navigating the international refugee law regime is like.

      Samos on Fire - Songs in Asylum

       (18’ 33’’)


  • Week 2 - Refugee Status Determination: Inclusion (I)(07 Oct)

    • Week 2 - SEMINAR OVERVIEW

      The objective of this session is to dissect the main components of the refugee definition contained in the 1951 Refugee Convention to grasp what lies behind each of the terms employed. In particular, we will focus on the significance and meaning of the words ‘outside the country of his nationality’, ‘persecution’, ‘protection’, and ‘well-founded fear’. We will leave the so-called ‘Convention reasons’, including race, religion, nationality, political opinion, and particular social group for Week 3. The final goal of these two sessions combined is to grasp the complexity of the legal definition of ‘refugee’, considering its constituent parts separately and in detail. This will be achieved through a mixture of independent reading, seminar discussion, and consolidation activities.

       weEk 2 - consolidation activity

      The consolidation activity this week will be to prepare either a Case Note based on a sample asylum interview or draft interview questions based on a Case Description. Please see the instructions below for which task you will complete. The aim of both activities is to think about what information you would need to know to determine if someone meets the refugee definition. We will compare your assessments of whether Mr Atah qualifies for asylum as well as potential interview questions. Finally, we will look at an AI generated list of questions and assessment of asylum. As an additional optional task, you may find it interesting to listen to the linked podcast on AI in bordering procedures.

      Case Note based on sample asylum interview. Below you will find an asylum interview transcript. You should read through the transcript and prepare a case note. The case note should include a summary of the facts of the applicants case, including their name, country of origin, and details that may be relevant to a finding of refugee status. The substantive part of the case note should include an evaluation of whether the applicant meets the grounds for asylum. This should be 2 pages maximum.

      Draft interview questions based on a Case Description. This task involves reading through the case description and preparing potential interview questions which may be used to determine whether the applicant meets the grounds for asylum. This should be 3 pages minimum

      Case Note

      Abhishek Dhol

      Lucas De Aquino

      Amine Beyza Zenbilci

      Zainab Khursheed

      Michelle Anne Lazaran

      Rehaan Singh

      Pornsuda Jiamphatthanatrakul

      Mihoko Inoue

      Noor Hanna

      Ysabelle Hall


      Interview Questions

      Alejandra Biaggi

      Vera Teles

      Ӧzün Türkmen

      Lilly Potter

      Aachal Parmar

      Maria Hayat

      Usman Ali Gondal

      Agrani Sushant Belose

      Zhiyu Ll

       

      Questions

      1.     Is the refugee definition a fixed and immovable legal term?

      2.     Why do refugees need to be ‘outside’ their country of origin to qualify under the 1951 Convention?

      3.     What is the significance of requiring that ‘fear’ be ‘well-founded’ in order for an applicant to qualify as a refugee?

      4.     Do subjective factors play a role in the determination of refugee status? If so, to which extent? Does this create potential for bias?

      5.     Critically consider how non-state actors offering ‘effective’ protection may have gendered implications?

      6.     What can you foresee are the major issues of incorporating AI into the asylum determination process? Are there any benefits?

      Readings

      Compulsory Reading

      GS Goodwin-Gill and J McAdam, The Refugee in International Law (2021) Oxford Scholarly Authorities on International Law (4th Edition), Chapter 3, from ss 4 (47 pages), prior optional

      Final Essay Preparation

      In preparation of your final essay for the module, start thinking about the topic you would like to deal with and why. Think also about the main research question(s) your essay will aim to answer and what other related sub-questions should equally be addressed for a coherent treatment of the subject matter. Use the examples provided in the "Coursework Guidelines" document in the "Important Module Information" tab (above) as possible examples you may take inspiration from to formulate your own.

    • Week 2 - Compulsory Reading - Refugee Status Determination: Inclusion (I) File

      GS Goodwin-Gill and J McAdam, The Refugee in International Law, 4th Ed (Oxford: OUP, 2021) ch 3, from ss 4 (47 pages)

      8.6 MB
    • Week 2 - Slides - Refugee Status Determination: Inclusion (I) File
      1.7 MB
    • Consolidation Activity (Group 2) - Case Description - Atah and Alfania File
      188.6 KB
    • Consolidation Activity (Group 1) - Asylum Interview Transcript - Case of Atah and Alfania File
      295.1 KB

    • The following Podcast from Borders and Belonging (38 minutes) is optional but will be useful for the discussion

      (New Window) Borders and Belonging, 'When AI is managing migration: should we be afraid?' (Spotify Link)

      (New Window) Open Democracy website ; Apple Podcasts ; Google Podcasts


    • Week 2 - ADDITIONAL RESOURCES

      FURTHER READING [ can be used for the research required for your final essay ]

      Refugee Status Determination

      DJ Steinbock, ‘The Refugee Definition as Law: Issues of Interpretation’ in F Nicholson and P Twomey (eds), Refugee Rights and Realities (CUP, 1999) 13.

      Alienage

      UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, paras 87-96.

      JC Hathaway and M Foster, The Law of Refugee Status, 2nd Ed (CUP, 2014) ch 1 (ss 1.3 and 1.4).

      Well-founded fear

      UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, paras 37-50, 97-100.

      JC Hathaway and M Foster, The Law of Refugee Status, 2nd Ed (CUP, 2014) ch 2.

      JY Carlier, ‘The Geneva Refugee Definition and the “Theory of the Three Scales”’, in F Nicholson and P Twomey (eds), Refugee Rights and Realities (CUP, 1999) 37.

      JC Hathaway and W Hicks, ‘Is there a Subjective Element in the Refugee Convention’s Requirement of Well-Founded Fear?’ (2005) 26 Michigan Journal of International Law 505.

      Persecution

      UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, paras 51-53.

      JC Hathaway and M Foster, The Law of Refugee Status, 2nd Ed (CUP, 2014) ch 3.

      H Storey, ‘Persecution: Towards a Working Definition’, in V Chetail and C Bauloz (eds), Research Handbook on International Law and Migration (Edward Elgar, 2014) 459.

      K Jastram, ‘Economic harm as a basis for refugee status and the application of human rights law to the interpretation of economic persecution’, in J Simeon (ed), Critical Issues in Int’l Refugee Law (CUP, 2010) 143.

      Protection

      UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, paras. 97-100.

      JC Hathaway and M Foster, The Law of Refugee Status, 2nd Ed (CUP, 2014) ch 4.

      UNHCR Guidelines on International Protection No. 4: “Internal Flight or Relocation Alternative” within the Context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees.

      N Kelley, ‘The Internal Flight/Relocation/Protection Alternative: Is it Reasonable?’ (2002) 14 International Journal of Refugee Law 4.

      V Moreno-Lax, ‘The Legality of the “Safe Third Country” Notion Contested: Insights from the Law of Treaties’, in Goodwin-Gill and Weckel (eds), Migration & Refugee Protection in the 21st Century: Legal Aspects - The Hague Academy of International Law Centre for Research (Leiden/Boston: Martinus Nijhoff, 2015) 665.

      Agents of Persecution and Protection

      UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, para. 65.

      W Kalin, ‘Non-State Agents of Persecution and the Inability of the State to Protect’ (2001) 15 Georgetown Immigration Law Journal 415.

      M O'Sullivan, ‘Acting the Part: Can Non-State Entities Provide Protection Under International Refugee Law? (2012) 24 International Journal of Refugee Law 85.

      D Wilsher, ‘Non-State Actors and the Definition of A Refugee in the UK: Protection, Accountability or Culpability? (2003) 15 International Journal of Refugee Law 68.

      UNHCR - Global Refugee Trends 2022

      Global Trends Report 2022 | UNHCR

  • Week 3 - Refugee Status Determination: Inclusion (II)(14 Oct)

  • Week 4 - Refugee Status Determination: Exclusion (21 Oct)

  • Week 5 - Refugee Status Determination: Cessation (28 Oct)

    • WEEK 5 - SEMINAR OVERVIEW

      This week we will explore the reasons and circumstances that may bring refugee status to an end. We consider two types of situations. First, we consider the circumstances wherein the refugee herself, by her actions, regains the protection of her country of origin. Second, refugee status may be brought to an end, independently of the refugee’s volition, where the situation in the country of origin is such that she can no longer refuse to avail herself from its protection. We will examine possible exceptions to this rule as well as the conditions necessary for cessation to occur in either of these situations. The ‘natural’ consequence of cessation—(voluntary) return to the country of origin and (forced) repatriation—will also be dealt with and used to introduce discussion on ‘durable solutions’ available to refugees, including (1) local integration – a.k.a. asylum; (2) resettlement; and (3) return.

      WEEK 5 - CONSOLIDATION ACTIVITY

      The consolidation activity this week will consist of the analysis of leading international authority on cessation of refugee status, analysing and debating the merits of the CJEU's reasoning on Art 1C of the Refugee Convention in the Abdulla judgement of 2 March 2010 and in the OA judgment of 21 January 2021.

      CJEU, (New Window) Joined Cases C-175/08, C176/08, C-178/08 and C-179/08, Salahadin Abdulla and Others, 2 March 2010

      CJEU, Case C-255/19, (New Window) Secretary of State for the Home Department v OA, 21 January 2021

      WEEK 5 - TASKS

      Reading

      JC Hathaway and M Foster, The Law of Refugee Status, 2nd Ed (Cambridge: CUP 2014), pp. 462-498 

      Georgia Cole, 'Applying the "Ceased Circumstances" Cessation Clause: More Politics than Law?', (2023) International Journal of Refugee Law

      UNHCR Guidelines on International Protection: (New Window) Cessationof Refugee Status under Article 1C(5) and (6) of the 1951 Convention relatingto the Status of Refugees (the “Ceased Circumstances” Clauses), HCR/GIP/03/03, 10 February 2003.

      Case Law Analysis and Debate

      Please read the materials suggested and come to the seminar prepared to debate the questions below:

      1. Do you agree with the reasoning of the Court of Justice of the European Union (CJEU) in the case Salahadin Abdulla and Others regarding when refugee status ceases to apply? Pay particular attention to para. 76 of the judgment, where the Court appears to summarise its approach and justify your position with legal arguments.
      2. Having read the CJEU ruling in Salahadin Abdulla & Others, consider the decision in OA. Read paragraphs 17-29 for an overview of the facts of the case and the questions that were asked by the Upper Tribunal (Immigration and Asylum Chamber) to the CJEU. Then consider the reasoning of the Court, contained in paragraphs 33-63.
        1. What requirements must be met by the protection on offer in the proposed country of return in the context of cessation procedures?
        2. What is the role of social and financial support that can be provided by family members to those who are returned to their countries of origin following the cessation of refugee status, in determining whether effective protection is available upon return?
        3. Do you agree with the reasoning of the Court? Justify your position with legal arguments.
      3. What are, in your opinion, the links between cessation of refugee status and repatriation of former refugees? What challenges do you think are associated with the return of former refugees?
      4. When should “the circumstances in connection with which he has been recognised as a refugee [be considered to] have ceased to exist”? What are the conditions to consider that there has been a sufficient "change of circumstances" in the sense of Art 1C of the Refugee Convention?
      5. When should the exemption from cessation of refugee status, on the basis of 'compelling reasons arising out of previous persecution' be deemed applicable? 

    • Week 5 - Compulsory Reading - Refugee Status Determination: Cessation File

      JC Hathaway and M Foster, The Law of Refugee Status, 2nd Ed (Cambridge: CUP 2014), pp. 462-498 


      733.6 KB
    • Georgia Cole, 'Applying the "Ceased Circumstances" Cessation Clause: More Politics than Law?', (2023) International Journal of Refugee Law File
      329.2 KB
    • Week 5 - Slides - Refugee Status Determination: Cessation File
      1.0 MB

    • WEEK 5 - ADDITIONAL RESOURCES

      FURTHER READINGS

      Literature
      J Fitzpatrick and R Bonoan, ‘Cessation of Refugee Protection’, in E Feller et al. (eds.), Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection (CUP, 2003), pp. 491-544.

      JC Hathaway, ‘The Right of States to Repatriate Former Refugees’, (2005) 20 Ohio State Journal on Dispute Resolution 175.

      KE McMillan, ‘Uganda’s Invocation of Cessation Regarding its Rwandan Refugee Caseload: Lessons for International Protection’, (2012) 24 International Journal of Refugee Law 231.

      D Milner, ‘Exemption from Cessation of Refugee Status in the Second Sentence of Article 1C(5)/(6) of the 1951 Refugee Convention’ (2004) 16 International Journal of Refugee Law 91. 

      M O’Sullivan, ‘Acting the Part: Can Non-State Entities Provide Protection Under International Refugee Law?’, (2012) 24 International Journal of Refugee Law 85.

      M O’Sullivan, ‘Territorial protection: cessation of refugee status and internal flight alternative compared’, in S. Juss (ed.), The Ashgate Research Companion to Migration Law, Theory and Policy (Ashgate 2013), pp. 209-232.  

      M O’Sullivan, Refugee Law and Durability of Protection: Temporary Residence and Cessation of Status (Routledge 2019).

      M Zieck, ‘Vanishing Points of the Refugee Law Regime: Response to James Hathaway’, (2005) 20 Ohio State Journal on Dispute Resolution 217.

      Case Law 

      Refugee Status Appeals Authority, Refugee Appeal no. 135/92, re: RS (New Zealand).

      B (FC)(Appellant) (2002) Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Appellant) [2005] UKHL 19.

      Minister of Immigration & Multicultural & Indigenous Affairs v. QAAH (2006) 231 CLR 1 (Australia).

      Bundesverwaltungsgericht (Federal Administrative Court, Germany), 10 C 33.07, 7 Feb 2008. (New Window) Translation in English available

      (New Window) Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345 (29 July 2019) 

      UNHCR Documents  

      UN High Commissioner for Refugees (UNHCR), (New Window)Note on Cessation Clauses, 30 May 1997, EC/47/SC/CRP.30. 

      - UN High Commissioner for Refugees (UNHCR), (New Window)Handbook on Procedures and Criteria for DeterminingRefugee Status and Guidelines on International Protection Under the 1951Convention and the 1967 Protocol Relating to the Status of Refugees, April 2019, HCR/1P/4/ENG/REV. 4, paras 111 et seq. 

      - UN High Commissioner for Refugees (UNHCR), (New Window)Guidelines on Exemption Procedures in respect of CessationDeclarations, December 2011 

      Additional Material

      M O’Sullivan, ‘Legal Note on the Cessation of International Protection and Review of Protection Statuses in Europe’ (ECRE 2021), <ECRE Legal Note.>

      VIDEO MATERIAL

      Themba Lewis, APRRN: How Refugees Lose Protection through Cessation (Myanmar)
      < 

       >

      Refugees International: Recovering from War (D.R. Congo) - Return as "Durable Solution"?
      < 
       >

  • Week 6 - Reading week (04 Nov)

    • No Seminar   |   Individual Work on Essays


      Final Essay Preparation

      Prepare an abstract of your essay topic in 250 words approx. that explains the gist of your argument. The abstract (which will eventually become the introduction to your essay) should be used to “introduce” the main research question and related sub-questions, making clear why research in this domain is (still) important/necessary, indicating the link(s) with the “real-world” problem underpinning the investigation. To the extent possible, it should also undertake a very brief literature review, so the reader is aware of where/how far the debate has gone hitherto and which gaps remain to be filled/which questions remain to be fully addressed. This will then allow you to explain the added value of your research. The gist of your argumentation/hypothesis should also be presented, with a brief description of the different steps the reasoning will take in the paper. The overall structure of the essay should be introduced too, so the reader gains a full understanding of how the research has been arranged.


      On the basis of your research question(s) and abstract then prepare a detailed structure of your final essay in the form of a table of contents with the necessary sections and sub-sections that you think you will need to cover the topic chosen and adequately address your research questions. The general structure anticipated in your abstracts can provide a good starting point, but you will need to refine it into a more sophisticated and comprehensive table of contents. Prepare also an accompanying bibliography that supports essay writing and argument development in the different sections identified in your structure. Identify core titles (from the readings and extended readings indicated in the weekly tabs of the module) and go further with dedicated research of academic articles and other source material you think will help you address the research question(s) raised by your essay.

      You will not receive individual feedback on the above, but I will provide general feedback.


    • Essay Titles and Research Questions Samples File
      50.6 KB
    • Abstracts Samples File
      62.3 KB
    • Essay Structure Samples File
      128.3 KB
    • Bibliography Samples File
      85.4 KB
    • Formative Submission Assignment

  • Week 7 - Non-refoulement and complimentary protection (11 Nov)

  • Week 8 - Regional definitions and conflict-based mobility (18 Nov)

  • Week 9 - Palestinian Refugees (UNRWA)(25 Nov)

    • WEEK 9 - SEMINAR OVERVIEW

      After having completed the analysis of Article 1A(2) of the Refugee Convention and discussed inclusion, exclusion, and cessation of refugee status, alongside the cornerstone of international protection, i.e. the principle of non-refoulement, and the ‘durable solutions' for refugees, this last session will be devoted to the study of the special situation of Palestinian refugees in international law, covering also the matter of return. The Palestinian refuge issue has remained unresolved for over seventy years now, longer than any other mass displacement since World War II. In addition to forced displacement, Palestinians face the second issue of long-term statelessness: more than 6 million of Palestinians are deprived of citizenship. The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness form the core international legal framework on statelessness, which we will use as main points of reference.

      Since the creation of the state of Israel in 1948, the UN General Assembly and the international community at large has attempted to resolve the Palestinian questions through numerous Resolutions. Unlike other refugees, Palestinians have been singled out for different treatment under Article 1(D) of the 1951 Refugee Convention and Article 1(2)(i) of the 1954 Convention on account of their particular plight. In addition, the UN has created the Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) <UNRWA> to cater for the needs and protection of this category of refugees. The session will explore how exactly Palestinian refugees are characterised under international refugee and statelessness law and then turn to the study of the type of protection they are entitled to. Moreover, we will consider the implications of the potential collapse of UNRWA as a result of the recent ban imposed by the Israeli Knesset.

      WEEK 9 - CONSOLIDATION ACTIVITY

      This week, the consolidation activity will consist of an advocacy and problem solving exercise.

      WEEK 9 - TASKS

      Reading

      Susan Akram, 'Palestinian refugees and their legal status: rights, politics, and implications for a just solution' (2002) 31(3) Journal of Palestine Studies 36 [PDF below].

      Lex Takkenberg, 'Chapter V: Law Relating to Stateless Persons' in The Status of Refugees in International Law (Oxford: OUP, 1998), pp. 176-195 [PDF below].

      Questions [to guide your reading]

      1) Why do Palestinians benefit from a different status in international law? How is this special status and treatment materialised in practice?

      2) How should State parties interpret the clauses of Article 1(D) the 1951 Refugee Convention and Article 1(2)(i) 1954 Stateless Convention? Why were these clauses introduced in the first place?

      3) Why does the academic literature argue that Palestinian refugees suffer from 'a protection gap' or a 'legal distortion' as Akram puts it?

      Advocacy and Problem-solving Exercise

      You are an immigration solicitor at a leading immigration law firm. You have been assigned to work on a case that you will be in charge of advocating for. You have been asked to take these cases on a pro bono basis. What arguments will you put forward so that your client can access international protection?

      Please, analyse one of the three options (as allocated to you below) and prepare a draft advocacy case briefing (1 page max.) presenting your arguments. After preparing on your own, at the hearing on 25 November 2024, you will be able to discuss your draft briefings within a group of colleagues (as allocated to you). Each group will then nominate a speaker who will present their group's consolidated view on the case you've worked on. We will then conclude the session by discussing each case in turns.

      Some references are suggested (below) to help you prepare your briefing. Feel free to use the internet and/or the QMUL and IALS libraries to locate them and find additional resources.

      • Introductory videos

      UNRWA, The Question of Palestine: Video Playlist (regularly updated)

      < 

      UNHCR, What does it mean to be Stateless?

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       >

      • CASES

      CASE 1)

      Mona was born and raised in the West Bank but is not registered with UNRWA because she lives an area outside the agency’s zone of operations. She works as a health care professional. Her family participated in the weekly protests against the wall since 2005. Five years ago, Mona’s brother was arrested and detained on suspicious of belonging to a militant group. He has been in prison ever since. Two years ago, Mona’s father was shot dead during a protest. Mona has no other male relatives, and her family is threatened with expulsion by Israeli colonial settlers. She is also regularly harassed by the Israeli army for photographing and documenting the ongoing human rights violations happening in the West Bank. In 2017, Mona decided to visit her relatives in Germany. After arriving, her family encouraged her to apply for asylum. Mona claims she will face persecution from the Israeli authorities if she returns to the West Bank. She holds a Palestinian Authority Passport/Travel Document.  

      How would you help Mona secure asylum in Germany? To support your answer, please, refer to the following materials: 

      • BADIL, ‘Chapter 2: The 1951 Refugee Convention and Article 1D’, in (New Window)Closing Protection Gap: Handbook on Protection of Palestinian Refugees, especially page 6 - 7 (Section 2: Interpretations of Article 1D of the 1951 Refugee Convention) 

      • CJEU, Case C-3/09, (New Window) Bolbol [2010] ECLI:EU:C:2010:351 


      CASE 2)

      Samir is a UNRWA registered Palestinian refugee who was born and raised in Yarmouk camp in Syria. He is 20 years old. Three years ago, the terrorist organisation Daesh penetrated and attacked the camp. The Syrian regime responded by bombing the camp indiscriminately, killing thousands of civilians. After his wife and children died under the bombs and fearing that he would forcibly be recruited by terrorist organisations, Samir decided to flee Syria with a friend. 

      With nothing in his pocket but his UNRWA registration card, he crossed the border with Lebanon. For four years, Samir lived in Burj el-Burajneh camp in Lebanon. He did not have authorisation to reside in Lebanon and he could not work or attend school. One day, he learnt that his friend who had crossed the border was arrested, beaten and detained by the Lebanese police. It has been reported that the Lebanese police would arrest and deport any Syrian refugee man who does have a valid residence permit.  

      Fearing for his life, Samir decides to leave Lebanon and seek asylum in the UK. He wants to pursue his education and become an electric engineer. He enters the UK on a false Jordanian passport, which he destroyed en route. He applies for asylum but the court of first instance rejects his claim on the basis that Samir is protected by UNRWA and does not fall within the scope of the 1951 Refugee Convention. He decides to appeal the decision.  

      To support your answer, please, refer to the following materials: 

      • BADIL, ‘Chapter 2: The 1951 Refugee Convention and Article 1D’, in (New Window) Closing Protection Gap: Handbook on Protection of Palestinian Refugees, especially page 6 - 7 (Section 2: Interpretations of Article 1D of the 1951 Refugee Convention) 

      • CJEU, Case C‑507/19 (New Window) XT [2021] ECLI:EU:C:2021:3 

      CASE 3)

      Nawal was born and raised in the Lebanese refugee camp Nahr Al-Bared. She describes the camp as unsafe, dangerous, and a zone of violent clashes between militias. When she was only fourteen years old, the Lebanese army penetrated the camp and attacked her family, accusing them of being pro-Syrian. Her father was humiliated, beaten, and tortured by the Lebanese forces. Four years later, on Nawal’s eighteen birthday, a militant group attacked and burned her family’s house. She continued to pursue her studies in a higher education program sponsored by UNRWA. In 2016, Nawal managed to secure an EU-funded scholarship for Palestinian Youth, and flew to pursue her studies in France. After her student visa expired, she decided she should not return to Lebanon. Nawal does not have a well-founded fear of persecution, but she claims the camp is too unsafe to return to. What arguments would you put forward to help Nawal access protection in France? What kind of legal protection would you advise Nawal to apply for?  

      To support your answer, please, have a look at the materials below: 

      Please, send your drafts to <e.allde@qmul.ac.uk> by Friday 22 November 2024, noon.

      CASE 1)

      1. Vera Teles
      2. Ӧzün Türkmen
      3. Rehaan Singh
      4. Nathalie Kneisel
      5. Zhiyu Li
      6. Usman Gondal
      7. Alejandra Biaggi
      8. Amine Beyza Zenbilci

      CASE 2)

      1.  Pornsuda Jiamphatthanatrakul
      2. Thenyan Althenyan
      3. Mihoko Ionue
      4. Zainab Khursheed
      5. Shakuruzzaman Khan
      6. Nanou Valerie Mathieu
      7. Michelle Lazaran
      8. Noor Hanna

      CASE 3)

      1.  Aachal Parmar
      2. Manasi Shirish Adeshra
      3. Agrani Belose
      4. Ysabelle Hall
      5. Abhishek Dhol
      6. Maria Hayat
      7. Melisa Demirtas
      8. Lilly Potter

    • Week 9 - Compulsory Reading - The Status of Palestinian Refugees (1) File

      JC Hathaway and M Foster, The Law of Refugee Status, 2nd Ed (Cambridge: CUP, 2014), pp. 509-523.

      733.6 KB
    • Week 9 - Compulsory Reading - The Status of Palestinian Refugees (1) File

      Susan Akram, 'Palestinian Refugees and their Legal Status: Rights, Politics, and Implications for a Just Solution' (2002) 31(3) Journal of Palestine Studies 36

      731.8 KB
    • Week 9 - Compulsory Reading - The Status of Palestinian Refugees (2) File

      Lex Takkenberg, 'Chapter V: Law Relating to Stateless Persons' in The Status of Refugees in International Law (Oxford: OUP, 1998), pp. 176-195


      10.1 MB
    • Week 9 - Slides - The Status of Palestinian Refugees File

      Week 9 Presentation Slides

      Available from 27 November 2025, 8:00 AM
      5.9 MB

    • WEEK 9 - ADDITIONAL RESOURCES

      FURTHER READINGS

      Legal instruments

      The 1951 Convention relating to the Status of Refugees

      The 1945 Convention on Statelessness relating to the Status of Stateless Persons

      The 1961 Convention on the Reduction of Statelessness

      The Israeli Law on The Right to Return 1950

      The Israeli Law on Nationality, 1952

      Absentees Property Law 1950

      UN Resolutions and documents

      United Nations General Assembly Resolution 181, 1947

      United Nations General Assembly Resolution 194, 1948

      United Nations General Assembly Resolution 302(IV), 1949

      United Nations General Assembly Resolution 61/115

      UNHCR Guidelines

      UNHCR, ‘Guidelines on International Protection No. 13: Applicability of Article 1D of the 1951 Refugee Convention relating to the Status of Refugees to Palestinian Refugees’ (2017)

      UNHCR, ‘Revised Note on the Applicability of Article 1D Convention relating to the Status of Refugees to Palestinian Refugees’ (2009)

      Case-law

      (New Window) El-Ali v Secretary of State for the Home Department [2002] EWCA Civ :1103

      CJEU, Case C-3/09, (New Window) Bolbol[2010] ECLI:EU:C:2010:351

      CJEU, Case C-364/11, (New Window)El Kott [2012] ECLI:EU:C:2012:826

      CJEU, Case C‑507/19, (New Window)XT [2021] ECLI:EU:C:2021:3 

      Academic Literature

      Dawn Chatty (2010) Displacement and Dispossession in the Modern Middle East (Cambridge University Press 2010) Chapter 5, pp 180-230.

      Yara Hawari, ‘Summary of the Palestinian Refugees: History, Demographics and Distribution’ (Updated 2019)

      Susan Akram, ‘UNRWA and Palestinian Refugees’ in (eds) The Oxford Handbook of Refugee and Forced Migration Studies (OUP 2014) pp 227-240.

      Lena El-Malak, ‘Palestinian Refugees in International Law: Status, Challenges and Solutions’ (2006) Immigration, Asylum, and Nationality Law 20(3) pp 179-196.

      Francesca Albanese and Lex Takkenberg, Palestinian Refugees in International Law (Oxford University Press 2020).

      VIDEO MATERIAL
      UNRWA, The Question of Palestine: Video Playlist (regularly updated)
      <  >

  • Week 10 - International Protection and Solutions: Asylum, Returns and Resettlement (02 Dec)

    • WEEK 10 - SEMINAR OVERVIEW

      According to UNHCR, there are three ‘durable solutions’ for the forcibly displaced: asylum; resettlement; and return. We will briefly review return and asylum, covered in previous sessions, and then focus on the theory and practice of resettlement in the main countries having recourse to this policy and explore the origins, evolution and importance of this option to allow refugees access to 'effective (and durable) protection' in a country different from the so-called 'country of first asylum', where they may still be at risk of serious human rights violations. Resettlement countries typically offer those selected for resettlement to travel and settle either temporarily or permanently in their territory and enjoy their protection as recognised 1951 Convention refugees.

      WEEK 10 - CONSOLIDATION ACTIVITY

      The consolidation activity this week will consist of teamwork and a group presentation on the resettlement policies of the main countries around the world, which have developed a resettlement programme. This will allow for collective peer-learning on the similarities and differences between programmes and to collectively reflect on and assess the merit of this 'durable solution'.

       WEEK 10 - TASKS

      Reading

      BS Chimni, 'From Resettlement to Involuntary Repatriation' (2004) 23 Refugee Survey Quarterly 55 [PDF below].

      V Moreno-Lax, (New Window) A ModelInstrument for an Emergency Evacuation Visa (International Bar Association, July 2019), (introduction and chs 1-4) 

      Questions

      1. When should resettlement be considered the best option to secure access to a "durable solution"?
      2. Should resettlement be ever considered obligatory rather than voluntary for States Party to the 1951 Refugee Convention?
      3. Is resettlement a migration selection mechanism in disguise?
      4. Should resettlement countries be allowed to impose criteria additional to the refugee qualification criteria for selection of candidates to resettlement? Does this comply with Art 3 of the 1951 Refugee Convention? Is it not discriminatory?
      5. What are the "strategic" advantages and disadvantages of resettlement as a "durable solution"?

      Group Briefing Exercise

      You have been selected to deliver expert advice to the State of Rutinia on resettlement. The Rutinian government is thinking of signing an agreement with UNHCR to start a resettlement programme, but are unsure as for how this should be designed. They, therefore, ask you to map out the key aspects of the main resettlement programmes in existence at this time, to identify best practices, learn from their experience, and avoid any possible deficiencies. For the purpose, you and your fellow expert team members are required to provide a 1-2 page ‘fact sheet’ with the following data of the specific programme assigned to you.

      1. Year of inception;
      2. Yearly quota;
      3. Statistical overview of the last 10 years (if available / applicable), highlighting increases and/or decreases in total numbers of resettled refugees;
      4. Refugee selection criteria;
      5. Refugee selection procedure;
      6. Process whereby priorities are established and revised (in terms of selection of targeted groups and/or countries of origin of refugees);
      7. Actors involved in running the programme (including whether/how the needs and priorities of first countries of asylum from where refugees are resettled are taken into account).

      Each team of experts will have 10 minutes to present the fact sheet to the Rutinian government in a Public Hearing to be held on 02 December 2024 at the Rutinian Parliament. Beside the presentation of facts and figures, the Rutinian government is particularly interested in your critical assessment of the programme concerned. It would, therefore, be very eager to hear your opinion on the fairness and legitimacy of the criteria, processes and mechanisms involved and expects you to highlight, at least, three positive aspects, three negative aspects (providing reasons), and three proposals for the improvement of the programme concerned.

      In the Terms of Reference, the government proposes you to think of the criteria, processes and mechanisms used in the main countries currently running a resettlement scheme, to identify any possible lessons to be learnt from their experience, thinking of the compatibility of their programmes with the rights of refugees, whether they manage to ensure fairness and non-discrimination among beneficiaries, and exploring how they could otherwise be brought in line with the standards promoted by UNHCR.

      You are free to divide up work between the members of your group as you see fit and to designate 1-2 "speakers" that present the briefing to the Rutinian Parliament on behalf of the group.

      For dissemination purposes, please, send your factsheets by Friday, 29 November 2024, 12 PM (noon), latest, to the Rutinian Parliament Secretariat at: e.allde@qmul.ac.uk

      United States of America













       

      Australia













       

      Canada











       

      Germany











       

      United Kingdom












      To run your research, key resources on resettlement can be found here:


      GENERALLY [ can search by country ]

      < Resettlement | UNHCR >

    • Week 11 - Compulsory Reading - "Durable Solutions": Resettlement File

      BS Chimni, 'From Resettlement to Involuntary Repatriation: Towards a Critical History of Durable Solutions to Refugee Problems' (2004) 23 Refugee Survey Quarterly 55.

      174.2 KB
    • Week 10 - Slides - "Durable Solutions": Resettlement File
      Available from 4 December 2025, 8:00 AM
      951.8 KB

    • RESETTLEMENT FACT SHEETS

    • WEEK 11 - ADDITIONAL RESOURCES

      FURTHER READINGS

      C Bonney ‘Is resettlement in a Western country the most viable solution for Protracted Refugee Situations?’ (2013) 9 Journal of Politics & International Studies 88.

      B Craggs, ‘The UNHCR, the crisis of refugee protection and contemporary refugee resettlement programmes. A ‘durable solution’?’ (2011) 5 POLIS Journal 1.

      F Fozdar and L Hartley, ‘Refugee Resettlement in Australia: What We Know and Need to Know’ (2013) 32 Refugee Survey Quarterly 23.

      LL Jubilut, WP Carneiro, ‘Resettlement in Solidarity: A New Regional Approach Towards a More Humane Durable Solution’ (2011) 30 Refugee Survey Quarterly 63.

      J McAdam, ‘Relocation and Resettlement from Colonisation to Climate Change: The Perennial Solution to “Danger Zones”’ (2015) 3 London Review of International Law 93.

      G Troeller, ‘UNHCR Resettlement: Evolution and Future Direction’ (2002) 14 International Journal of Refugee Law 85.

      J Van Selm, ‘The Strategic Use of Resettlement: Changing the Face of Protection?’ (2004) 22 Refuge: Canada’s Journal on Refugees 39.

      J Van Selm, ‘Public-private partnerships in refugee resettlement: Europe and the US’ (2003) 4 Journal of International Migration and Integration 157.

      J Vedsted-Hansen, ‘An Analysis of the Requirements for Voluntary Repatriation’, (1997) 9 International Journal of Refugee Law 559.

      R Wright, ‘Voluntary Agencies and the Resettlement of Refugees’, (1981) 15 International Migration Review 157.


      VIDEO MATERIAL

      Partners in Health - Haiti resettlement camps

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      >

      Naja Lockwood - TED Talk: Refugee Resettlement in Utah (testimonial, resettlement from Vietnam)

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      >


  • Week 11 - 'Non-entry' policies and externalisation of the asylum system (09 Dec)

    • WEEK 11 - SEMINAR OVERVIEW

      In this final session we turn to the ‘frontline’ issue of processes and systems which may prevent individuals from relying on the protections of the international refugee regime. We will consider the extent to which there exists a right to asylum, and whether by obstructing access to international protection states are failing to abide by non-refoulement and durable solutions. The recent decision regarding the UK-Rwanda deal brought to the fore how states are intervening to prevent an assessment of asylum from occurring. From ‘offshoring’ in Australia, EU-funded detention facilities in Libya, and the EU-Turkey deal in Greece, we will consider what these ‘non-entry’ and externalisation processes mean for people caught and contained in bordering spaces.

      WEEK 11 - CONSOLIDATION ACTIVITY

      The consolidation activity this week will entail a background research and scoping exercise, focusing on the difficulties faced by refugees to access international protection due to so-called ‘non-entrée policies’. These are measures adopted by prospective countries of destination to control their borders pre-emptively and administer migration flows extraterritorially, including visas, carrier sanctions, or sea patrolling, among others, which tend to impede access to their territories and contain refugees offshore.  

      WEEK 11 - TASKS

      Reading

      WT Worster, 'The Contemporary International Law Status of the Right to Receive Asylum' (2014) 26 International Journal of Refugee Law 477

      David Cantor, et al. ‘Externalisation, Access to Territorial Asylum, and International Law’, (28 June 2022) International Journal of Refugee Law

      Additional Reading

      V Moreno-Lax, ‘Must EU Borders Have Doors for Refugees? On the Compatibility of Visas and Carrier Sanctions with Member States’ Obligations to Provide International Protection to Refugees’, (2008) 10 European Journal of Migration and Law 315

      J Hathaway, ‘4.1 Right to Enter and Remain in an Asylum States (Non-refoulement)’ in The Rights of Refugees Under International Law, (Cambridge University Press: 2021, 2nd Edition), 312 - 337, 355 - 423

      Questions

      1. Is there an individual right to asylum under international law?
      2. Considering the principle of non-refoulement and its extraterritorial effect, is there an obligation for States not to obstruct access to international protection
      3. Are visas, carrier sanctions, interdiction at sea illegitimate then? Are they illegal?

      Background research and scoping exercise

      UNHCR is worried that the Global Compact’s commitments to facilitate access to protection are not being honoured by many of the countries who signed the document, but it is unsure as to the extent of the problem and the solution it should pursue. It has, therefore, asked you to produce the relevant background research for the group of experts who will consider the way forward.

      Drawing on your readings for this session, work individually to identify a measure of "non-entrée" (i.e. of non-access to protection) practiced by a country of your choosing within the region assigned to you. It can be a law and/or a policy, which you may illustrate via a news story, a report by a reliable monitor, a short video clip, excerpts of social media releases (e.g. Facebook posts or Tweets) or a combination of the above. 

      Please, prepare a 1-page max. scoping memo:

      - summarising the measure (1 paragraph);

      - explaining how it impacts on potential refugees and why it, therefore, constitutes an example of the "non-entrée" approach (1 paragraph);

      - listing the evidence you've collected, including the links to videos, news stories, etc.

      Please, email  your scoping memos to e.allde@qmul.ac.uk in advance, and no later than by Thursday, 5 December 2024, and come prepared to present it and discuss it at an Expert Roundtable Meeting convened by UNHCR, to be held on 


      Europe







       

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      Africa






       

       

      The Americas






       

      Oceania






       

       


    • Week 11 - Compulsory Reading - The Right to Receive Asylum File

      WT Worster, 'The Contemporary International Law Status of the Right to Receive Asylum' (2014) 26 International Journal of Refugee Law 477.

      722.6 KB
    • Week 11 - Compulsory Reading - Externalisation File

      David Cantor, et al., 'Externalisation, Access to Territorial Asylum, and International Law', (28 June 2022) International Journal of Refugee Law

      389.4 KB
    • Week 11 Slides - Externalisation and non-entry File
      Available from 11 December 2025, 8:00 AM
      2.5 MB
    • Additional Reading - Hathaway File

      J Hathaway, ‘4.1 Right to Enter and Remain in an Asylum States (Non-refoulement)’ in The Rights of Refugees Under International Law, (Cambridge University Press: 2021, 2nd Edition)

      1.1 MB
    • Additional Reading - V Moreno-Lax File

      V Moreno-Lax, ‘Must EU Borders Have Doors for Refugees? On the Compatibility of Visas and Carrier Sanctions with Member States’ Obligations to Provide International Protection to Refugees’, (2008) 10 European Journal of Migration and Law 315

      344.0 KB

    • WEEK 11 - "NON-ENTREE" SCOPING MEMOS

    • Scoping Memos Folder

      Scoping Memos on Non-entry provisions

      Available from 8 December 2025

    • WEEK 11 - ADDITIONAL RESOURCES


      FURTHER READINGS

      Legal Instruments

      1948 Universal Declaration of Human Rights (Art. 14).

      1951 Refugee Convention (Arts 2-34, specially Arts 31, 32 and 33).

      1950 European Convention on Human Rights.

      1966 International Covenant on Civil and Political Rights.

      1966 International Covenant on Economic, Social and Cultural Rights.

      1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

      Recast Qualification Directive 2011/95/EU, [2011] OJ L 337/9 (Arts. 2, 13, 18 and 24).

      EU Charter of Fundamental Rights (Art 18).

      American Convention on Human Rights (Art. 22(7)).

      African Charter on Human and Peoples’ Rights (Art. 12(3)). 

      Case Law

      (New Window) Asylum Case (Colombia v Peru), [1950] ICJ General List No. 7.

      (New Window) Chris Sale, Acting Commissioner, Immigration and Naturalization Service, et al. v Haitian Centers Council, Inc., et al., 509 U.S. 155; 113 S. Ct. 2549.

      (New Window) The Haitian Centre for Human Rights et al. v United States, Case 10.675, 10.675, Report No. 51/96, Inter-Am.C.H.R.,OEA/Ser.L/V/II.95 Doc. 7 rev. at 550 (1997).

      (New Window) Regina v Immigration Officer at Prague Airport and another (Respondents) ex parte European Roma Rights Centre and others (Appellants), [2004] UKHL 55.

      (New Window) ECtHR, Hirsi v Italy, (Application no. 27765/09), 23 February 2012.

      (New Window) ECtHR, MSS v Belgium and Greece, (Application no. 30696/09), 21 January 2011.

      Policy Documents

      (New Window) UN General Assembly Declaration on Territorial Asylum, UN Doc. A/RES/2312(XXII) (1967).

      (New Window) UNHCR Handbook for Repatriation and Reintegration Activities (2004).

      (New Window) UNHCR, The Benefits of Belonging: Local Integration Options and Opportunities for Host Countries, Communities and Refugees (2012).


      Literature

      Den Heijer, Europe and Extraterritorial Asylum, (Hart, 2012) ch 4.

      Gammeltoft-Hansen, Access to Asylum, (CUP, 2011) ch 2.

      Gil-Bazo, ‘Asylum as a General Principle of International Law’ (2015) 27 International Journal of Refugee Law 3 

      Goodwin-Gill and McAdam, The Refugee in International Law, 3rd Ed (OUP, 2007) chs 7, 8, 9.

      Hathaway, The Rights of Refugee Under International Law, (CUP, 2005) ch 7.

      Moreno-Lax, ‘Intersectionality, Forced Migration and the Jus-generation of the Right to Flee: Theorizing the Composite Entitlement to Leave to Escape Irreversible Harm’, in Çalı, Bianku and Motoc (eds), Migration and the European Convention on Human Rights (Oxford: OUP, 2021) 43.

      Moreno-Lax, 'The Architecture of Functional Jurisdiction: Unpacking Contactless Control – On Public Powers, S.S. and Others v. Italy, and the “Operational Model”’, (2020) 21 German Law Journal 385.


      Moreno-Lax, Accessing Asylum in Europe (Oxford: OUP, 2017), chs 8 & 9.

      Moreno-Lax, ‘Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea’, (2011) 23 International Journal of Refugee Law 174.

      Moreno-Lax and Giuffré, ‘The Rise of Consensual Containment: From “Contactless Control” to “Contactless Responsibility” for Migratory Flows’, in Juss (ed), Research Handbook on International Refugee Law (Edward Elgar, 2019) 81 <The Raise of Consensual Containment: From 'Contactless Control' to 'Contactless Responsibility' for Forced Migration Flows | UNHCR>.

      Moreno-Lax and Lemberg-Pedersen, ‘Border-induced Displacement: The Ethical and Legal Implications of Distance-creation through Externalization’ (2019) 56 Questions of International law 5.

      Noll, ‘Seeking Asylum at Embassies: A Right to Entry under International Law?’, (2005) 17 International Journal of Refugee Law 542.

      Kneebone, 'The Legal and Ethical Implications of Extraterritorial Processing of Asylum-Seekers: The "Safe Third Country' Concept", in J McAdam (ed.), Forced Migration, Human Rights and Security, (Hart, 2008) 129.

      Legomsky, ‘Secondary Refugee Movements and the Return of Asylum Seekers to Third Countries: The Meaning of Effective Protection’ (2003) 15 International Journal of Refugee Law 567.



      VIDEO MATERIAL
      Since asylum seekers cannot obtain visas, how do they reach safe heaven?

      AP – Crossing the Hungarian Fence

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       >

      AP – Crossing the Mediterranean

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       >

      UK Refugee Council - Smuggled in a lorry - Faisal Storey

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       >

  • Assessment Points

  • Q-Review Recordings

  • Assessment Information