Monday, February 22, 2010

The Most Question About Asylum

There many questions about asylum and refugee

1. Definition of asylum

Asylum is protection that given to people for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of origin.

Asylum seekers is people who apply their status of asylum, and if received they would get protection as refugee

Definition of refugee

People who fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

Definition of internally displaced person

The definition of internally displaced person is same as definition of refugee, but they are still in their country not outside of their country. Internally displaced person are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effect of armed conflict, situation of generalized violence, violations of human rights or natural or human made disasters, and who have not crossed an internationally recognized state border (Guiding Principle of IDPs)

Migrant is people who are outside of their country, but the reason is not same as refugee, usually for reason of economic

2. When convention relating to status of refugee does not run to refugee?

1) He has voluntarily re-availed himself of the protection of the country of his nationality; or

2) Having lost his nationality, he has voluntarily re-acquired it, or

3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or

4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or

5) He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality; Provided that this paragraph shall not apply to a refugee falling under section A(1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;

6) Being a person who has no nationality he is, because of the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence;

3. Who could not be protected by convention relating to status of refugee?

1) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

2) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;

3) He has been guilty of acts contrary to the purposes and principles of the United Nations.

4. What is refugee right?

1) Freedom to practice their religion and learn religious education to their children (art. 4)

2) Have the right to association, As regards non-political and non-profit-making associations and trade unions (art. 15)

3) Have the same access to court with national (art. 16)

4) Have favourable treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage earning employment (art. 17)

5) have the same right to get public education with respect to elementary education (art. 22)

6) Have same treatment with respect to public relief and assistance as is accorded to their nationals (art. 23).

7) Have the right to choose their place of residence to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances. It is according to international law of human right that listed in universal declaration of human right, international covenant on civil and political right etc.

8) The contracting state gives identity papers to any refugee in their territory who does not possess a valid travel document (art. 27).

9) Have travel document for the purpose travel outside their territory, unless if it will effect national security and public order (art. 28)

2 comments:

H. Nizam said...

Dear friend,
A valuable information.
Thank you for sharing.

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