The Challenge of Asylum to Legal Systems  book cover
1st Edition

The Challenge of Asylum to Legal Systems

Edited By

Prakash Shah

ISBN 9781859419816
Published June 28, 2005 by Routledge-Cavendish
296 Pages

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Book Description

A collection of papers presenting critical perspectives in the development of asylum law with a focus on European and UK developments, incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision-making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.

Table of Contents

List of Contributors -- Preface -- Introduction: From Legal Centralism to Official Lawlessness? /@Prakash Shah -- 1 Asylum Seekers in the New Europe: Time for a Rethink? /@Dallal Stevens -- 2 Protecting Refugees in the Context of Immigration Controls /@Catherine Phuong -- 3 Deflecting Refugees: A Critique of the EC Asylum Procedures Directive /@Sarah Craig and Maria Fletcher -- 4 EC Law on Family Members of Persons Seeking or Receiving International Protection /@Steve Peers -- 5 Towards a Just European Welfare System for Migrants? /@Keith Puttick -- 6 A ‘Common’ EU Immigration and Asylum Policy: National and Institutional Constraints /@Valsamis Mitsilegas -- 7 Detention of Asylum Seekers and Refugees and International Human Rights Law /@Dan Wilsher -- 8 Judging Asylum /@Colin Harvey -- 9 Asylum Appeals: The Challenge of Asylum to the British Legal System /@Robert Thomas -- 10 Communicative Barriers in the Asylum Account /@Roxana Rycroft -- 11 ‘Don’t Bother Knocking’: Australia’s Response to Asylum Seekers /@Ernst Willheim -- Index

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'This useful addition to the literature provides the insight that one might expect of governing instituations, and some cannon fodder, for those who would include this category of human rights problems in their courses and discourses about the integration of theory and practice.' - ASIL, Issue 34, February 2006


'This work is composed of analyses by leading experts in the field of refugee and asylum law. This examination of asylum  presents a global, European, and comparative perspectives. It focuses on how asylum issues and the various legal regimes for controlling them have impacted Western Legal systems.'

- ASIL, Issue 34, February 2006