Migration

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Shelter from the Storm? The International Legality of Granting Migratory Rights to Hong Kongers

Introduction This post analyses the international legality of States granting migratory rights to Hong Kongers.  The post mainly focuses on the United Kingdom’s proposal to grant persons with British National (Overseas) (BN(O)) status the right to live and work in the UK for up to five years, but also considers the legality of similar proposals from other States. Background The situation in Hong Kong is tense.  The Chinese government’s decision to impose a new national security law on Hong Kong has been controversial.  Critics say the legislation jeopardises – or destroys – the One country, two systems policy set out under the 1984 Joint Declaration on the Question of Hong Kong between the UK and China.  The Joint Declaration stipulated that Hong Kong would continue to enjoy most of the rights and freedoms it enjoyed under British administration (Art. 3(5) and Article XIII of Annex I), including the rights of freedom of expression and association.  Some commentators consider there…

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Non-refoulement During a Health Emergency

The rapid spread of the COVID-19 virus worldwide has sparked continuous scientific debates about the impact of the health emergency and its legal implications. In an attempt to expand this growing debate, this short post aims to shed some light on the impact this emergency is having on asylum seekers and, therefore, to examine the possible tensions…

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M.N. and Others v Belgium: no ECHR protection from refoulement by issuing visas

 With its inadmissibility decision in M.N. and Others v Belgium delivered on 5 May 2020, the Grand Chamber of the ECtHR made it clear that individuals who apply for visas at embassies with the intention to seek protection, do not fall within the jurisdiction of the ECHR State Parties in the sense of Article 1 ECHR. As…

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N.A. v. Finland – On the quality of the national authorities’ risk assessment and what the authorities should learn from the case

  On 14 November 2019, the European Court of Human Rights delivered a judgement in the case N.A. v. Finland (application no. 25244/18). The ECtHR found that Finland had violated Articles 2 and 3 of the European Convention on Human Rights when assessing an Iraqi man’s asylum application. Having exhausted all domestic remedies, the applicant’s father, an…

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The ECtHR on Disembarkation of Rescued Refugees and Migrants at Greek Hotspots

The storm-tossed question of disembarking rescued refugees and migrants The pressure of mass migration in the Mediterranean on EU sea-border states calls for other member states to contribute to humanitarian efforts at sea that respect the human rights of refugees and migrants. Article 98 of the United Nations Convention on the Law of the Sea (LOSC)…

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