Refugees Part 7

Manufacturing Threats: Asylum Seekers as Threats or Refugees ?
Scott D. Watson
Journal of International Law and International Relations
Volume 3, Number 1, Spring 2007 p.95

Book Review: The Rights of Refugees Under International Law
Helen Sims
Victoria University of Wellington Law Review
Volume 37, Number 4, November 2006 p.643

THE CANADA-U.S. SAFE THIRD country AGREEMENT: REINFORCING REFUGEE PROTECTION OR PUTTING REFUGEES AT RISK?
Sonia Akibo-Betts
Journal of the Institute of Justice and International Studies
Number 6, 2006 p.1

Shades of Justice: The Trial of Sholom Schwartzbard and Dovid Bergelson’s Among Refugees
Anna Schur
Law & Literature
Volume 19, Number 1, Spring 2007 p.15-43

The Rights of Refugees Under International Law by James C Hathaway
David Dickinson
Auckland University Law Review
Volume 12, Number 1, 2006 p.220

Out of the Frying Pan and into the Quarantine: Why 8 U.S.C. § 1182’s HIV/AIDS Exclusion Should Not Apply to Refugees Seeking Entry into the United States
Demetrius Lambrinos
Journal of Gender, Race & Justice
Volume 10, Number 1, Fall 2006 p.119

The Rights of Refugees under International Law, By James C. Hathaway
KRISTA DALEY
Canadian Yearbook of International Law
Volume 43, 2005 p.673

Administrative decision-making in the sexual and gender-based persecution context
Udara Jayasinghe
Australian Journal of Administrative law
Volume 14, Number 2, February 2007 p.102

The new wave of refugees arriving in Australia from the Middle East, Africa and Asia has seen many women claiming sexual and gender-based persecution. This form of violence is socially and culturally constructed as it is inflicted on a woman because of her sex and/or gender and the associated discrimination or vulnerability that exists within a given community. To be a refugee under the Refugees Convention, an applicant must establish that she has suffered sexual and gender-based persecution due to one of the prescribed Convention grounds of race, religion, nationality, political opinion and membership of a particular social group. In the absence of a separate ground of “gender”, Australian courts have considered sexual and gender-based persecution claims under the existing Convention grounds. The essential elements of sexual and gender-based persecution claims exist within the varying cultural and social contexts of the claimant. Determining all the defining attributes of a sexual and gender-based persecution claim is therefore a challenge for administrative decision-makers. This article will first identify the nature and various forms of sexual and gender-based violence. Secondly. it will discuss how claims arising as a result of such violence (including claims in the trafficking context) have been considered under the refugee definition. Finally, using the example of a trafficked woman, the substantive aspects of gender persecution claims and the difficulties presented to administrative decision-makers due to the social and cultural considerations surrounding these forms of persecution will be discussed.

Towards Convergence in the Interpretation of the Refugee Convention: a Proposal for the Establishment of an International Judicial Commission for Refugees
Anthony M North and Joyce Chia
Australian Year Book of International Law
Volume 25, 2006 p.105

Author: international

Mentioned in these Entries

Administrative law, Refugees, country.