Refugee Final

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

It is conceivable that the dynamics of human rights and political challenges may

undergo continuous transformations due to their inherent evolutionary nature.


Nevertheless, a significant and pressing concern lies in safeguarding the rights
of refugees. The issue of the refugee crisis and the need to safeguard refugees is
complex, as it involves various factors related to their vulnerable condition and
lack of citizenship. These factors encompass a range of aspects, including
political, economic, and humanitarian considerations. The current refugee issue
encompasses aspects such as asylum, immigration, and the lack of proactive
measures in addressing the problem. The act of being forcefully expelled and
the apparent anxiety of facing persecution for various causes is commonly
known as a refugee issue, often linked to the potential dangers of genocide and
torture.

The legislation concerning refugees is established by the Geneva Conventions


of 1951 and the optional Protocol of 1967. However, a significant challenge lies
in determining whether the convention adequately addresses the current
concerns faced by refugees. Therefore, it is essential to assess the adequacy of
economic resources and standardised enforcement mechanisms with consistent
implementation in order to ensure that concerns are being resolved. There is an
ongoing debate surrounding the refugee crisis, with proponents suggesting that
it is influenced by subjective elements and unique motivating factors. The
global community aims to strike a harmonious equilibrium between the concept
of territorial integrity and the doctrine of responsibility. Additionally, it is
important to consider the legal framework under which refugee status can be
revoked and individuals may be repatriated to their home countries when they
have concerns about the cessation of persecution.

A stateless individual refers to a displaced person who lacks the ability to seek
refuge from their respective nation-state. Hence, a refugee is an individual who,
due to the fear of persecution, is unable to go back to their usual place of
residence. There are claims that the Convention presents a proposed evaluation
for determining refugee status, encompassing both subjective and objective
components. The subjective element pertains to the individual interpretation of
the applicant and involves assessing whether a refugee applicant is experiencing
fear or not. While the objective aspect asserts that a fear should have an
objective cause. The decision-maker should consider the credibility of the
applicant as a subjective factor and evaluate the applicant's personal concerns
and cultural background. Meanwhile, individuals should be assessed based on
their own understanding of objective information, such as the applicant's
professional background and familial experiences. Persecution refers to the act
of subjecting individuals to harm or danger based on factors such as religion,
race, or ETA, potentially posing a threat to their lives. The test did not make a
clear distinction between a refugee and a migrant. The emigrant is an individual
who journeys to a different country without the fear of persecution. In contrast,
a refugee experiences the distress of persecution due to threats against their
family or their own life.

Furthermore, the Convention concerning refugees has encountered difficulties


in discerning between economic migrants and refugees. Unemployed
individuals have the freedom to depart from the nation as economic migrants. If
an economic migrant happens to be an EU citizen, and provided that they can
prove they possess adequate resources for a period of five years without causing
any strain on the country's finances, they have the right to unrestricted
movement within the European Union. EU citizens have the ability to move
between different EU Member States due to the possibility of possessing
multiple nationalities. This allows them to provide their services without facing
any discriminatory practises that may benefit the overall economic interests of
the EU. A refugee is an individual who is compelled to depart from their
homeland as a result of imminent dangers to their life, and subsequently seeks
refuge in a foreign country. Refugees may also include individuals who choose
to depart their home country during times of conflict, as they face potential
harm due to their religious beliefs if they were to seek safety in alternative
nations. As an illustration, individuals may choose to relocate from Country A
to Country B due to potential mistreatment faced in their nation of origin.
Hence, individuals seeking refuge, commonly known as Stateless persons, lack
the safeguard of a nation due to cultural or political factors, and also face the
fear of persecution. Although migrants are voluntarily departing the nation,
refugees relocate out of concern for persecution, even though their refugee
status is not enduring.

The issue of evidentiary burdens in UK courts was examined in relation to


assessing the refugee status of individuals. In the matter of the exparte
Sivakumaran House of Lords, the assessment of the apprehension of
mistreatment within the framework of the 1951 Convention on Refugees is
conducted through an impartial evaluation, taking into account two factors. 1)
country of origin of the displaced individual 2) a potential concern regarding the
possibility of experiencing persecution among refugees. The court considers the
subjective aspect when analysing cases due to the varying circumstances and
individual statuses of each refugee, resulting in different scenarios. Moreover,
when considering the situation of Lord Sedley, it becomes apparent that there
exists a distinction between civil disputes and asylum. The key disparity lies in
the fact that asylum is both administrative and does not serve the interests of
political factions. Consequently, the status of a refugee cannot be classified as a
civil dispute. Furthermore, the individual being considered, in the instance of
Kaja, is held to a level of evidence that pertains to the assessment of past and
future occurrences. This implies that the individual must present adequate
evidence to ascertain their current situation and what they may encounter in the
future, as determined by these courts of evidence. In Academic Clayton's article,
it is argued that asylum applicants should not be required to bear the burden of
proof solely on the basis of the reasonable likelihood of their objective element
not applying, as each individual's circumstances vary.

The UK immigration is subject to the asylum and citizenship act 2006 due to the
dualistic nature of the UK state, necessitating parliamentary approval for the
legislation's enforcement within the country. Nonetheless, there exists a
significant critique regarding the lack of clarity surrounding immigration and
refugee legislation. There is only a single court dedicated to handling asylum
matters, where utmost importance is placed on ensuring fairness in proceedings,
adherence to legal procedures, provision of legal representation, and the
availability of rigorous judicial review. Numerous proposals have been put forth
by the United Nations and the European Commission, focusing on the
enhancement of transit facilities and the equitable management thereof. This is
due to the distinct nature of refugee dynamics, which sets them apart from
asylum seekers. The administration of transit centres offers the state with
economic and political considerations to address them. The potential
consequences for individuals who submit entries out of concern for possible
persecution would be unfairly excessive. A significant number of individuals
seeking asylum initially faced rejection, but were later granted approval by the
judicial system. The detention of refugees should only occur when necessary,
but it is important to avoid any discriminatory application of the law in this
matter.

Sudan Case Study. The count of individuals who have experienced


displacement has surpassed 1.8 million. The incident was primarily brought to
attention due to the scarcity of nourishment and hydration, as well as the
overcrowded conditions in the refugee camp. The United Nations approved two
resolutions aimed at the dissolution of militias. The political intention to
intervene was absent on the part of the United States. According to sources in
Washington DC, it has been determined that the global community has made
the decision to closely observe the situation. The refugee crisis is primarily
attributed to the scarcity of food and overcrowded refugee camps, as a result of
the global inability to effectively address the consequences of war. Due to
economic motivations of both the aggressor state and the global community, the
United Nations faces limited financial assistance in its efforts to address the
needs of refugees. The refugee crisis resulting from the Syrian conflict is
causing significant distress, and neighbouring countries are experiencing
immense strain due to the growing influx of Syrians and refugees seeking
refuge beyond their borders. The weight and expense of the Syrian refugee issue
is a matter of great concern due to the lack of effective action taken by the
global community. The issue at hand is the absence of determination among
nations to initiate any measures, as they passively observe the situation due to
economic concerns. For instance, when refugees seek shelter in a host country,
the consequences can be witnessed in the form of an economic burden. It is the
responsibility of the domestic government to possess and safeguard its populace
following a prospective crisis. Despite the significant challenges posed by
World War 2 and the substantial influx of refugees, the European Union (EU)
has encountered difficulties in achieving a cohesive response.

You might also like