Refugee lawRefugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law. The discussion forms part of a larger debate on the fragmentation of international law. While some scholars conceive each branch as a self-contained regime distinct from other branches, others regard the three branches as forming a larger normative system that seeks to protect the rights of all human beings at all time.
Convention Relating to the Status of RefugeesThe Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention.
Non-refoulementNon-refoulement (rəˈfuːlmɒ̃) is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in probable danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion". Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on certain category of persons, non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales.
Asylum seekerAn asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and might have fled their home country because of war or other factors harming them or their family. If their case is accepted, they become considered a refugee. The terms asylum seeker, refugee and illegal immigrant are often confused.
Forced displacementForced displacement (also forced migration or forced relocation) is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, generalized violence or human rights violations". A forcibly displaced person may also be referred to as a "forced migrant", a "displaced person" (DP), or, if displaced within the home country, an "internally displaced person" (IDP).
StatelessnessIn international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. On November 12, 2018, the United Nations High Commissioner for Refugees stated there are about 12 million stateless people in the world. The status of a person who might be stateless ultimately depends on the viewpoint of the state with respect to the individual or a group of people.
AustriaAustria (Österreich), formally the Republic of Austria (Republik Österreich), is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine provinces, one of which is the capital, Vienna, the most populous city and province. Austria is bordered by Germany to the northwest, Czechia to the north, Slovakia to the northeast, Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west. The country occupies an area of and has a population of 9 million.
Freedom of movementFreedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works. Such a right is provided in the constitutions of numerous states, and in documents reflecting norms of international law.
RefugeeA refugee, conventionally speaking, is a person who has lost the protection of their country of origin and who cannot or is unwilling to return there due to well-founded fear of persecution. Such a person may be called an asylum seeker until granted refugee status by the contracting state or the United Nations High Commissioner for Refugees (UNHCR) if they formally make a claim for asylum.
Illegal immigrationIllegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continuous residence without the legal right to live in that country. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and/or other sanctions. Asylum seekers who are denied asylum may face impediment to expulsion if the home country refuses to receive the person or if new asylum evidence emerges after the decision.
Schengen AreaThe Schengen Area (ˈʃɛŋən , ˈʃæŋən) is an area comprising European countries that have officially abolished many passport and many other types of border control at their mutual borders. Being an element within the wider area of freedom, security and justice policy of the European Union (EU), it mostly functions as a single jurisdiction under a common visa policy for international travel purposes. The area is named after the 1985 Schengen Agreement and the 1990 Schengen Convention, both signed in Schengen, Luxembourg.
LawLaw is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions.
Human migrationHuman migration is the movement of people from one place to another with intentions of settling, permanently or temporarily, at a new location (geographic region). The movement often occurs over long distances and from one country to another (external migration), but internal migration (within a single country) is also possible; indeed, this is the dominant form of human migration globally. Migration is often associated with better human capital at both individual and household level, and with better access to migration networks, facilitating a possible second move.
International lawInternational law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognised as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems in that it is primarily, though not exclusively, applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states.
Border controlBorder control refers to measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it also encompasses controls imposed on internal borders within a single state. Border control measures serve a variety of purposes, ranging from enforcing customs, sanitary and phytosanitary, or biosecurity regulations to restricting migration.
Western worldThe Western world, also known as the West, primarily refers to various nations and states in the regions of Australasia, Europe, and the Americas. The Western world likewise is called the Occident () in contrast to the Eastern world known as the Orient (). The West is considered an evolving concept; made up of cultural, political, and economic synergy among diverse groups of people, and not a rigid region with fixed borders and members. Definitions for "Western world" vary according to context and perspectives.
Asylum in the United StatesThe United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees. A specified number of legally defined refugees who are granted refugee status outside the United States are annually admitted under for firm resettlement.
