This 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.
Table of Contents
- Introduction – Key Concepts and Interpretative Framework; 2. Protection for the Duration of Risk, Temporary Residence and Naturalisation; 3. The Content and Function of Article 1C(5): Absence of Persecution or Effective Protection?; 4. ‘Changed Circumstances’: Demonstrating a Fundamental, Stable and Durable Change; 5. Cessation and Non-State Actors of Protection; 6. Onus of Proof, Past Persecution and the Compelling Reasons Exception to Cessation; 7. Cessation and Deportation: Duration of Stay and Integrative Links; 8. Conclusions;
Dr Maria O’Sullivan is a Senior Lecturer in the Faculty of Law and Deputy Director of the Castan Centre for Human Rights Law at Monash University, Australia.