Refugee Law
Refugee Law is a succinct guide to Canadian refugee
law, policy, and procedure for law students, legal practitioners,
paralegals, and NGO staff. The book describes the formal statutory and
regulatory bases of the law as it applies to the protection of
individuals who are "Convention refugees" as well as other categories of
individuals who are in need of protection due to a potential violation
of their human rights abroad. It includes discussion and analysis of the
policies, processes, and practices that are used to determine refugee
law issues. The organization of the book roughly represents the arc of a
refugee claim in Canada or abroad: the application, the assessment, the
determination of status, and the consequences of a grant or refusal of
refugee protection.
Refugee Law:
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examines the core international treaties that
influence Canadian law and policy;
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provides a detailed description of the principles
governing refugee protection decision-making;
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details the procedures to be followed for
overseas refugee processing and inland refugee determination;
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describes the role of counsel during the
application process and at refugee hearings, as well as issues of
professional responsibility related to that role;
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outlines the steps that usually follow a negative
refugee determination, either before the Immigration and Refugee
Board or by an immigration officer in Canada or abroad;
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offers insight into some of the ongoing debates
in Canadian (and
international) refugee law; and
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looks at Canadian refugee law and its relation to
refugee law elsewhere in the world.
While Canadian refugee law has emerged as an
independent branch of law, this book does not present it as operating in
isolation. Rather, the book treats refugee law as a system subject to
the internal logic and integrity of immigration law, to which it is
closely-tied.
Summary Table of Contents
Preface
List of Abbreviations
CHAPTER 1:
Canadian Refugee Policy
CHAPTER 2: Legal Framework of Refugee Law in Canada
CHAPTER 3:
Categories of Individuals in Canadian Refugee Law
CHAPTER 4:
The Definition of Convention Refugee
CHAPTER 5:
Exclusion from Refugee Protection
CHAPTER 6:
Persons in Need if Protection
CHAPTER 7:
Overseas Protection
CHAPTER 8:
Inland Protection
CHAPTER 9:
Right to and Role of Counsel
CHAPTER 10:
Appeals and Judicial Remedies
CHAPTER 11:
Arrest and Detention
CHAPTER 12:
Removal from Canada
CHAPTER 13:
Conclusions
APPENDIX A: Selected Provisions of the Immigration and Refugee
Protection Act APPENDIX B: Selected Provisions of the Immigration and
Refugee Protection Regulations APPENDIX C: Statistics Table of Cases
Index
More information can be found at
www.irwinlaw.com (specifically:
http://irwinlaw.com/books.aspx?bookid=430 ). The book cal also
be ordered online at
www.irwinlaw.com or on
www.amazon.ca
About the Authors
Martin Jones
Centre for Refugee Studies, York University Osgoode Hall Law School
Martin Jones (B.A., Queen's; B.A. Hons., Queen's; LL.B, UBC) practiced
as an immigration and refugee lawyer for seven years. During that time
he represented over one thousand immigrants and refugee claimants in all
stages of the immigration and refugee protection process.
Martin is presently a doctoral candidate at Osgoode Hall Law School and
a recipient of a Canada Graduate Scholarship awarded by the Social
Sciences and Humanities Research Council. He is also a research
associate at York University's Centre for Refugee Studies and a guest
lecturer for the Centre's Summer Course on Refugee Issues. He was a
visiting scholar at the Institute for the Study of International
Migration at Georgetown University and at the Program in Refugee and
Asylum Law at the University of Michigan. He has taught immigration and
refugee law at Queen's University (Canada) and the University of East
London (UK).
Martin is the managing editor of Refuge, a scholarly periodical on
refugee issues. He has widely presented and published on various topics
in refugee and migration law.
Sasha Baglay
Centre for Refugee Studies, York University Faculty of Criminology,
Justice & Policy Studies, University of Ontario Institute of Technology
Sasha Baglay (LL.B, Kiev National Economic University; LL.M in
Comparative Constitutional Law, Central European University; LL.M,
Dalhousie) is an assistant professor at the Faculty of Criminology,
Justice and Policy Studies at the University of Ontario Institute of
Technology and an adjunct professor at Osgoode Hall Law School. She is a
Social Sciences and Humanities Research Council doctoral fellow.
Sasha has been involved in refugee work with various non-governmental
organizations, including the Halifax Refugee Clinic. She has worked with
refugee claimants at various stages of refugee determination process and
represented a number of claims before the Immigration and Refugee Board
of Canada. She has presented widely on the issues of Canadian and
comparative immigration and refugee law and policy.
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