Asylum & Refugees Laws

Key Principles of Asylum and Refugee Laws

1. Definition of a Refugee:

• • 1951 Refugee Convention: Defines a refugee as someone who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality and is unable or unwilling to avail themselves of the protection of that country.
  • Asylum Seeker: A person who seeks protection as a refugee but whose claim has not yet been evaluated.

2. Non-Refoulement:

• • Principle: Prohibits the expulsion or return of a refugee to a country where their life or freedom would be threatened.
  • Obligation: This is a cornerstone of international refugee protection, binding on all states, regardless of whether they are parties to the Refugee Convention.

International Framework

1. 1951 Refugee Convention:

• • Rights: Provides refugees with the right to work, education, and public relief. Also outlines their rights to non-discrimination and access to the courts.
  • Obligations of States: States must provide protection and assistance, and cooperate with the United Nations High Commissioner for Refugees (UNHCR).

2. 1967 Protocol:

• • Expanded Scope: Removes the geographic and temporal limitations of the 1951 Convention, making the refugee definition universal.

National Implementation:

United States:

• Asylum Process: Individuals can apply for asylum either at the border or within the U.S. by filing Form I-589, Application for Asylum and for Withholding of Removal.
• Affirmative Asylum: Applied for proactively within one year of arrival.
• Defensive Asylum: Applied for as a defense against removal from the U.S.
• Refugee Admissions: The U.S. sets annual refugee admission ceilings. Refugees must be referred by the UNHCR or a U.S. embassy.

Canada:

• Refugee Protection Division (RPD): Part of the Immigration and Refugee Board of Canada, decides refugee claims made within Canada.
• Immigration and Refugee Protection Act (IRPA): Governs the asylum process. Claims can be made at a port of entry or inland.
• Resettlement Programs: Include the Government-Assisted Refugees (GAR) program and the Private Sponsorship of Refugees (PSR) program.

European Union:

• Common European Asylum System (CEAS): Harmonizes asylum procedures across member states.
• Dublin Regulation: Determines which EU member state is responsible for examining an asylum application.
• European Asylum Support Office (EASO): Provides support and facilitates cooperation among member states.

Pakistan:

• Foreigners Act, 1946: Governs the entry, stay, and exit of foreigners in Pakistan. It does not specifically address asylum or refugee status.
• UNHCR Role: UNHCR operates in Pakistan to register and support refugees, primarily from Afghanistan.
• Protection Gaps: Pakistan has not signed the 1951 Refugee Convention or its 1967 Protocol, leading to a lack of formal legal recognition and protection for refugees.

Challenges and Considerations

1. Burden-Sharing:

• • Global Responsibility: International solidarity and responsibility-sharing are essential as the burden of hosting refugees often falls on a few countries.

2. Protection Gaps:

• • Non-Signatories: Countries not party to the 1951 Convention or 1967 Protocol may lack formal legal frameworks for refugee protection.

3. Integration:

• • Social and Economic Integration: Ensuring that refugees can integrate into host communities is crucial for both the refugees’ well-being and social cohesion.

4. Security Concerns:

• • Balancing Protection and Security: Countries must balance the protection of refugees with concerns about national security.