An Introduction to International Refugee Law by M. Rafiqul Islam

By M. Rafiqul Islam

This booklet presents an summary of the advance and substance of current overseas refugee legislations as a way to demonstrate its gaps, caveats, and inadequacies that militate opposed to the institution of a good criminal regime to handle mounting international refugee crises. The publication pursues a reformist time table in the direction of affording felony assurance to all refugees generated by means of any really involuntary grounds.

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Australia also admitted Chinese refugee en masse following the 1989 Tiananmen Square massacre. 27 All these initiatives were launched to develop a legal framework for international conducts toward refugees and their necessary protection. But they failed to ameliorate the continuing uncertainty in determining refugee status and needs for protection due to the excessive control of contracting states, which could and still can formulate their own individual refugee eligibility criteria and determination process.

This situation was somewhat mitigated by refuge crises of the time involving distinguishable groups of people, often without nationality of their state of origin. As a result, the act of refugee receiving did not offend the sovereignty of refugee producing states. There was a series of refugee crises, each involving a specific group of people. 4 The diversity of these refugee groups changed the conceptualisation of who should be protected and by what means. 5 The vast majority did not have travel documents and consequently could not move from states of their first reception to start new lives in third states.

17 Patricia Hyndman, “Refugees under International Law with Reference to the Concept of Asylum,” Australian Law Journal 60 (1986): 149. origin and evolution of international refugee law21 of persecution” involves a prediction-based decision to be made as to what might happen to the claimant if he/she returns to his/her state of origin. This decision-making accords a great deal of discretion to the decisionmaking state in collecting and evaluating evidence and forming the hypothesis. The Refugee Convention does not contain any provision for the creation of a neutral third body to make an impartial determination.

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