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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
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Let Me Be a Refugee - Administrative Justice and the Politics of Asylum in the United States, Canada, and Australia (Paperback)
Loot Price: R1,597
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Let Me Be a Refugee - Administrative Justice and the Politics of Asylum in the United States, Canada, and Australia (Paperback)
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Why do decision-makers in similar liberal democracies interpret the
same legal definition in very different ways? International law
provides states with a common definition of a 'refugee' as well as
guidelines outlining how asylum claims should be decided. Yet, the
processes by which countries determine who should be granted
refugee status look strikingly different, even across nations with
many political, cultural, geographical, and institutional
commonalities. This book compares the refugee status determination
(RSD) regimes of three popular asylum seeker destinations - the
United States, Canada, and Australia. Despite similarly high levels
of political resistance to accepting asylum seekers across these
three states, once asylum seekers cross their borders, they access
three very different systems. These differences are significant
both in terms of asylum seekers' experience of the process and in
terms of their likelihood of being found to be a refugee.
The book moves beyond the claim by some scholars that asylum seeker
destinations are uniformly becoming more exclusionary, and the
contrary assertions of other scholars that the same destinations
are converging on a new inclusive internationalism leading to the
decline of state sovereignty. Instead, Hamlin finds these states to
be running on three distinct trajectories, none of which are
totally restrictive or expansive. Based on a multi-method analysis
of all three countries, including a year of fieldwork with in-depth
interviews of policy-makers and asylum-seeker advocates,
observations of refugee status determination hearings, and a
large-scale case analysis, Hamlin finds that cross-national
differences have less to do with political debates over admission
and border control policy than with the level of insulation the
administrative decision-making agency enjoys from either political
interference or judicial review. Administrative justice is
conceptualized and organized differently in every state, and so
states vary in how they draw the line between refugee and
non-refugee.
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