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"REFUGEE PROTECTION"
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From Homemakers to Breadwinners to Community Leaders
In From Homemakers to Breadwinners to Community Leaders , Norma Fuentes-Mayorga compares the immigration and integration experiences of Dominican and Mexican women in New York City, a traditional destination for Dominicans but a relatively new one for Mexicans. Her book documents the significance of women-led migration within an increasingly racialized context and underscores the contributions women make to their communities of origin and of settlement. Fuentes-Mayorga’s research is timely, especially against the backdrop of policy debates about the future of family reunification laws and the unprecedented immigration of women and minors from Latin America, many of whom seek human rights protection or to reunite with families in the US. From Homemakers to Breadwinners to Community Leaders provides a compelling look at the suffering of migrant mothers and the mourning of family separation, but also at the agency and contributions that women make with their imported human capital and remittances to the receiving and sending community. Ultimately the book contributes further understanding to the heterogeneity of Latin American immigration and highlights the social mobility of Afro-Caribbean and indigenous migrant women in New York.
eBook
Refugee Law and Durability of Protection
iThis book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention.
In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.
eBook
Immigration Gridlock: Assessing Whether Canada's Express Entry is an Effective Immigration System for International Students' Transition into Permanent Residency?
This research critically analyzes the introduction of the Express Entry system in Canada, requiring foreign nationals to submit an Expression of Interest (EOI) and wait for an invitation before being allowed to apply for permanent residence. Drawing on available empirical data, I argue that this reform jeopardized international students' chance to become permanent residents. Despite recent modifications that intended to improve their situation, the pathways to permanent residence of international students are still restricted. Particularly, international PhD students are negatively impacted as the previously existing PhD stream under the Federal Skilled Worker Program covertly disappeared from the current regime. This research concludes with suggestions on how to further modify the current immigration system to facilitate international students' transitions into Canada.
Journal Article
Immigration Gridlock: Assessing Whether Canada’s Express Entry is an Effective Immigration System for International Students’ Transition into Permanent Residency?
This research critically analyzes the introduction of the Express Entry system in Canada, requiring foreign nationals to submit an Expression of Interest (EOI) and wait for an invitation before being allowed to apply for permanent residence. Drawing on available empirical data, I argue that this reform jeopardized international students’ chance to become permanent residents. Despite recent modifications that intended to improve their situation, the pathways to permanent residence of international students are still restricted. Particularly, international PhD students are negatively impacted as the previously existing PhD stream under the Federal Skilled Worker Program covertly disappeared from the current regime. This research concludes with suggestions on how to further modify the current immigration system to facilitate international students’ transitions into Canada.
Journal Article
Protection by Persuasion
States located near crisis zones are most likely to see an influx of people fleeing from manmade disasters; African states, for instance, are forced to accommodate and adjust to refugees more often than do European states far away from sites of upheaval. Geography dictates that states least able to pay the costs associated with refugees are those most likely to have them cross their borders. Therefore, refugee protection has historically been characterized by a North-South impasse. While Southern states have had to open their borders to refugees fleeing conflict or human rights abuses in neighboring states, Northern states have had little obligation or incentive to contribute to protecting refugees in the South.
In recent years, however, the Office of the United Nations High Commissioner for Refugees (UNHCR) has sought to foster greater international cooperation within the global refugee regime through special conferences at which Northern states are pushed to contribute to the costs of protection for refugees in the South. These initiatives, Alexander Betts finds inProtection by Persuasion, can overcome the North-South impasse and lead to significant cooperation.
Betts shows that Northern states will contribute to such efforts when they recognize a substantive relationship between refugee protection in the South and their own interests in such issues as security, immigration, and trade. Highlighting the mechanisms through which UNHCR has been able to persuade Northern states that such links exist,Protection by Persuasionmakes clear that refugee protection is a global concern, most effectively addressed when geographic realities are overridden by the perception of interdependence.
eBook
Easing Refugee Pressure on Host States and Communities: The Contribution of Faith-Based Organisations in Kakuma Refugee Camp, Kenya
The global refugee protection regime assigns to states the primary responsibility of protecting refugees. Nevertheless, the overwhelming number of refugees, combined with the growing hostility towards them, has led to significant gaps in refugee protection. This situation calls for enhanced assistance from organisations empathetic to the plight of refugees. Faith-based organisations (FBOs) exemplify such entities. Therefore, this article examines how FBOs ease the refugee burden on host states and communities. Grounded in functionalist theory, this qualitative study analysed data from interviews, focus groups, and field observations. Results indicate that FBOs considerably lessened refugee pressure on the Kenyan government by supplementing service delivery to refugees. Additionally, FBOs reduced refugee pressure on host communities by fostering peaceful co-existence through conflict resolution and peace-building initiatives. The study concludes that FBOs surpassed the expectations of most refugee protection stakeholders. It advocates for enhanced collaboration and support to sustain their vital contributions in refugee-hosting contexts.
Journal Article
Refugee Protection through Safeguarding Intangible Cultural Heritage of the Home Country and Refugee Journey
The legal literature on refugee cultural heritage is limited, and cultural rights are part of the law that appropriately addresses refugee cultural heritage issues. Cultural heritage is integral to the definition of refugees; refugee protection must include safeguarding refugee cultural heritage.1 This Article reviews international law around refugees’ intangible cultural heritage, which incorporates refugee relationships with their tangible cultural heritage.2 It also frames the discussion around refugee intangible cultural heritage in a holistic paradigm that consolidates “refugee home heritage” (refugee intangible cultural heritage of home country) and “refuge heritage” (refugee intangible cultural heritage of refugee journey from persecution or conflict to resettlement or return). The Article finds that, whereas the international law framework lays the groundwork for such a holistic paradigm, international and national laws and state policy approaches must be reformed to achieve refugee protection in line with international obligations.
Journal Article
Healthy immigrant effect by immigrant category in Canada
Medical screening plays a role in explaining the healthy immigrant effect (HIE) among immigrants newly landed in Canada. The 2002 Immigration and Refugee Protection Act (IRPA) modernized immigration selection by exempting certain immigrant categories (e.g., refugees and certain family-class immigrants) from inadmissibility on health grounds. This study examines the HIE in the IRPA era by sex, with a focus on those categories affected by the IRPA.
The linked Canadian Community Health Survey (CCHS)-Longitudinal Immigration Database (IMDB) was used to compare sex-specific age-standardized proportions of four health measures between Canadian-born and immigrants aged 20 to 65, overall and by duration since landing. Immigrants who landed within three years of the surveys from 2007 to 2014 were examined by sex and immigrant category. Logistic regression was used to further compare the HIE in the same immigrant sub-groups to the Canadian-born, controlling for age and selected confounders.
This study found the HIE in most selected measures for immigrants overall, as well as for those recent immigrants arriving under the IRPA, including the family class. Among refugees, the HIE was observed only in less severe chronic conditions; this was especially the case among females. As expected, a strong HIE was observed among economic-class principal applicants. These health advantages persisted even after adjustment for socioeconomic and health factors. For self-rated health, the advantage existed for some groups only after full adjustment.
This study is a first look at the healthy immigrant effect under the 2002 Immigration and Refugee Protection Act by immigration category. Results corroborate the existing literature on the presence of the HIE among immigrants: the HIE was found to be much weaker among refugees.
Journal Article