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Refugee Status Determination PDF

Added on - 22 Nov 2020

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Refugee Status Determinationprocesses are diffused,generating different outcomesacross jurisdiction
Table of ContentsINTRODUCTION......................................................................................................................3Article 1D and the role of UNRWA..........................................................................................3Non-refoulementand interdiction at sea....................................................................................4Asylum Seekers and detention in Israel: A case-study..........................................................5The Reach (and limits) of the Refugee Regime: Protection Paradigms, ContemporaryChallenges..............................................................................................................................6Regional regimes: complementary and subsidiary protection...............................................9Displacement from conflict..................................................................................................10Asylum Seekers and detention in Israel: A case-study........................................................11The Reach (and limits) of the Refugee Regime: Protection Paradigms, ContemporaryChallenges............................................................................................................................123 The global harmonization of refugee law standards and adjudication achievable..............14. Desirability of the Global Harmonization..........................................................................2CONCLUSION..........................................................................................................................2REFERENCES...........................................................................................................................4
INTRODUCTIONArticle 1D and the role of UNRWAArticle 1D is considered to be one of the exclusion clause in the Refugee Convention. Theoverall purpose of this article is to ensure tom continue the protection of Palestinian refugees tillthe time their position is not effectively settled as per the requirements of United NationsGeneral Assembly resolutions for the refugees. Till the time they are able to receive any kind ofprotection from the side of UNRWA, they have excluded from any type of convention of refugeeprotection. The time their protection is ceased from them, they will be able to claim adequateamount of benefits of the conventions available under Article 1 D.Presently, UNRWA is involved in providing assistance and protection to approximately 5million Palestinian refugees which are actually registered. The agency consists of public andprivate advocacy, relief, health care, educational aspects, improvement and infrastructure of thecamps, micro financing, enhancing emergency responses. Hence, continuous improvement in theprocess is initiated by the them so as to ensure the protection of refugees. It is the responsibilityof relevant host state and other authorities to fulfil the responsibilities mentioned11Akram, S., 2014. UNRWA and Palestinian Refugees.The Oxford Handbook of Refugeeand Forced Migration Studies, p.227.3
.Article 1 D of refugee convention states that the convention won’t be applicable to theindividuals who are presently receiving from agencies or organs of United Nations other thanUnited Nations High Commissioner for refugees’ assistance and protection clause. The timewhen this type of applicability will be ceased from the individual, then in that case, the personshall be eligible to come under the periphery of the convention of Article 1 D.The Article 1 D is applicable in the scenario when the claimant being a Palestinian and isalso a resident of Occupied territory on one of the neighboring states, such as Jordan, Syria andLebanon. The details of related to refugee camps or the location aspect of the claimant in thereceipt of UNRWA’s protection and assistance is also eligible to claim the conventions beingmentioned in Article 1 D. The case must also be able to establish that the circumstances in whichthe protection and assistance can be ceased from the individuals. Prior leaving to the homecountry.Non-refoulementand interdiction at seaArticle 33(1) belonging to 1951 refugee Convention stated that the concept of refoulmentdoes not only apply to the refugees but it also have adequate applicability to asylum seekers aswell, irrespective of the fact that they are formally acknowledged as refugees most of the timeand are also being able to gather all the benefits that are actually delivered to the refugee only.The protection that is generally extended to refoulement is not at all equivalent to right toasylum. The state has right to keep all the discretion with itself not to admit claim from the oneswho are not at all identified as refugees by the act22Qafisheh, M. M., 2015. An Ongoing Anomaly: Pre-and Post-Second World WarPalestinian Refugees.International Journal of Refugee Law.27(1). pp.52-74.4
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