Your cart is empty
Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster. Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically - whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.
While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.
Concerns have arisen in recent decades about the impact of climate change on human mobility. Many people affected by climate change are forced or otherwise decide to migrate within or across international borders. Despite its clear importance, many questions remain open regarding the nature of the climate-migration nexus and its implications for laws and institutions. In the face of such uncertainty, this Research Handbook offers a comprehensive picture of laws and institutions relevant to climate migration and the multiple, often contradictory perspectives on the topic. Carefully edited chapters by leading scholars in the field provide a cross section of the various debates on what laws do, can do and should do in relation to the impacts of climate change on migration. A first part analyses the relations between climate change and migration. A second part explores how existing laws and institutions address the climate-migration nexus. In the final part, the chapters discuss possible ways forward. This timely Research Handbook provides much-needed insight into this complex issue for graduate and post-graduate students in climate change or migration law. It will also appeal to students and scholars in political science, international relations, environmental studies and migration studies, as well as policymakers and advocates.
This volume compiles influential and diverse readings on the timely subject of immigration. This collection includes work published by leading economists, as well as a number of important contributions made by influential legal scholars, with a focus on economic issues that are salient in debates over immigration policy. Professor Chang's introduction not only explains the contribution that each reading makes to our understanding of immigration, but also surveys the literature more broadly, putting the selected readings in context.
This discerning book examines EU migration and asylum polices in times of crisis by assessing old and new patterns of cooperation in EU migration management policies in the scope of third-country cooperation. The case studies explored reveal that there has been a clear tendency and strategy to move away from or go outside the decision making rules and institutional principles enshrined in the Lisbon Treaty to advance third country cooperation on migration management. It explores the implications of and effects of the adoption of extra-Treaty instruments and patterns of cooperation in the light of EU rule of law and fundamental rights principles and standards. The book, examines the ways in which 'the politics of migration crisis' and their patterns of cooperation and legal/policy outcomes evidenced since 2015 affect and might even undermine EU's legitimacy in these policy areas. Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis will be a key resource for academics and students focussing on EU Law and migration more specifically. Timely and engaging, it will also appeal to policy- makers, legal practitioners and international organisation representatives alike.
Due process protections are among the most important Constitutional protections in the United States, yet they do not apply to non-citizens facing detention and deportation. Due Process Denied describes the consequences of this lack of due process through the stories of deportees and detainees. People who have lived nearly all of their lives in the United States have been detained and deported for minor crimes, without regard for constitutional limits on disproportionate punishment. The court's insistence that deportation is not punishment does not align with the experiences of deportees. For many, deportation is one of the worst imaginable punishments.
Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the 'Arab Awakening' gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours. The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favoured polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead. Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners.
Immigration and Refugee Law in Russia confronts the issue of access to justice and the realisation of human rights for migrants and refugees in Russia. It focuses on everyday experiences of immigration and refugee laws and how they work 'in action' in Russia. This investigation presupposes that the reality is much more complex than is generally assumed, as it is mediated by peoples' varied positionalities. Agnieszka Kubal's primary focus is on people, their stories and experiences: migrants, asylum seekers, refugees, immigration lawyers, Russian judges, and the Federal Migration Service officers. These actors speak with different voices, profess different ideologies, and hold opposite worldviews; what they hold in common is their importance to our understanding of migration processes. By this focus on individual views and opinions, Kubal highlights the complexity and nuance of everyday experiences of the law, breaking away from the portrayal of Russia as a legal and ideological monolith.
With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children. The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking. Topical and engaging, this book is an important resource for academics and students in human rights law; migration and refugee law; the administrative and procedural issues of refugee law, and comparative law; as well as in the social sciences and health sciences. Policymakers and workers within the community sector will also find this book stimulating and informative.
This book explores the legitimacy of political asylum applications in the US and UK through an examination of the varieties of evidence, narratives, and documentation with which they are assessed. Credibility is the central issue in determining the legitimacy of political asylum seekers, but the line between truth and lies is often elusive, partly because desperate people often have to use deception to escape persecution. The vetting process has become infused with a climate of suspicion that not only assesses the credibility of an applicant's story and differentiates between the economic migrant and the person fleeing persecution, but also attempts to determine whether an applicant represents a future threat to the receiving country. This innovative text approaches the problem of deception from several angles, including increased demand for evidence, uses of new technologies to examine applicants' narratives, assessments of forged documents, attempts to differentiate between victims and persecutors, and ways that cultural misunderstandings can compromise the process. Essential reading for researchers and students of Political Science, International Studies, Refugee and Migration Studies, Human Rights, Anthropology, Sociology, Law, Public Policy, and Narrative Studies.
This highly original book provides an innovative analysis of EU migration and asylum law and its interplay with equality issues in order to assess the current integration framework for third-country nationals and to explore future scenarios in the European Context. Integration for Third-Country Nationals in the European Union focuses on the nexus between non-discrimination based on nationality and race, and the equality clauses covering different categories of regularly residing third-country nationals within EU law. It highlights the extent to which social rights that have been formally promised to non-EU citizens are enjoyed in practice. The contributing authors - who are both academics and practitioners - also consider the link between secure residence and equal treatment, highlighting on the implementation of EU Policies in aselection of Member States. Using socio-legal and comparative methods, this study provides an overview of the models of integration and social cohesion shaped by European and national actors in order to profile the present fragmented structure of European society and to discuss future possibilities. Academics, practitioners, and students interested in EU law and migration studies will find this enriching book invaluable.
This book explores the possible economic implications of large shifts in the supply of foreign-born, hired farm labour that could result from substantial changes in U.S. immigration laws or policies. Hired labour is an important input to U.S. agricultural production, accounting for about 17 percent of variable production expenses and about 40 percent of such expenses for fruit, vegetables, and nursery products. Over the past 15 years, roughly half of the hired labourers employed in U.S. crop agriculture have lacked the immigration status needed to work legally in the United States. Thus, changes in immigration laws or policies could lead to markedly different economic outcomes in the agricultural sector and the market for hired farm labour. The same is generally true for other economic sectors that rely on large numbers of unauthorised workers.
Refugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This groundbreaking work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection. The authors deftly explore the intersection between one of the oldest international human rights treaties, the 1951 Refugee Convention, with one of the newest, the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on pioneering fieldwork in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey - this book examines how the CRPD is, or should be, changing the way that governments and aid agencies engage with and accommodate refugees with disabilities. Its timeliness is underscored by the adoption in 2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action at the World Humanitarian Summit. Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.
The practices and technologies of evaluation and decision making used by professionals, police, lawyers and experts are questioned in this book for their participation in the perpetuation of historical forms of colonial violence through the enforcement of racial and eugenic policies and laws in Canada.
Each year, tens of thousands of aliens in the United States apply for asylum, which provides refuge to those who have been persecuted or fear persecution on protected grounds. Asylum officers in the Department of Homeland Securitys (DHS) U.S. Citizenship and Immigration Services (USCIS) and immigration judges in the Department of Justices (DOJ) Executive Office for Immigration Review (EOIR) adjudicate asylum applications. This book addresses what DHS and DOJ data indicate about trends in asylum claims; the extent to which DHS and DOJ have designed mechanisms to prevent and detect asylum fraud; and the extent to which DHS and DOJ designed and implemented processes to address any asylum fraud that has been identified.
Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition, providing a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law in these complex and controversial areas. The updated edition, divided into two volumes entitled EU Asylum and Immigration Law and EU Criminal Law, Policing, and Civil Law, particularly covers new EU legislation, case law, or operational developments since 2010 on internal border checks, external border controls, visa lists, litigation to obtain a visa, the Schengen Information System, the Visa Information System, family reunion, non-EU students, long-term residents, all aspects of refugee law (the definition of 'refugee' and subsidiarity protection, the rights of asylum-seekers, Member States' responsibility for asylum-seekers), irregular migrants' rights, fair trials legislation, the European Arrest Warrant, the European Investigation Order, crime victims' rights, and data protection. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. Finally, it summarizes EU civil law rules, and is updated to cover new legislation on civil jurisdiction, insolvency, small claims, and cross-border family issues. This edition is the definitive guide to these complex, controversial and fast-developing areas of EU law and will be invaluable to scholars, practitioners, and students in the field.
You may like...
Detention under the Immigration Acts…
Rory Dunlop, Graham Denholm Paperback R2,310 Discovery Miles 23 100
Responsive Legality - The New…
Zach Richards Hardcover R2,877 Discovery Miles 28 770
Trading Barriers - Immigration and the…
Margaret Peters Paperback
Trademark - Legal Care for Your Business…
Stephen Fishman Paperback
Refuge beyond Reach - How Rich…
David Scott Fitzgerald Hardcover R628 Discovery Miles 6 280
Refugee Roulette - Disparities in Asylum…
Philip G. Schrag, Andrew I. Schoenholtz, … Paperback R701 Discovery Miles 7 010
Irregular Citizenship, Immigration, and…
Peter Nyers Paperback R884 Discovery Miles 8 840
Fiance and Marriage Visas - A Couple's…
Ilona Bray Paperback
Immigration Law 2020
Accessing Asylum in Europe…
Violeta Moreno-Lax Hardcover (2)
R2,574 Discovery Miles 25 740