Migration

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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 Iraqi man, returned to Iraq and was shot dead shortly after his return.  In N.A., the Court was not convinced that the quality of the assessment conducted by national authorities satisfied the requirements under Articles 2 and 3 of the Convention (§ 83). The case at hand was given unanimously by the first section of the Court in a relatively quick pace of time, which also gives weight for the message the Court aims to signal with its judgement. The Facts The applicant's complaint was that the expulsion of her father, Mr A, violated Articles 2 and 3 of the Convention. Furthermore, the daughter complained that her father’s violent death had caused her considerable…

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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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The IOM’s New Status and its Role under the Global Compact for Safe, Orderly and Regular Migration: Pause for Thought

On 8 July 2016, the UN General Assembly adopted by consensus the Agreement Concerning the Relationship between the UN and the International Organization for Migration (IOM) (the UN-IOM Agreement). In broad terms, the objective of the UN-IOM Agreement was to ensure better coordination between UN agencies and the IOM as they fulfil their respective mandates. The Agreement…

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Back to Square One or a New Blueprint has been Found for the ‘Refugee’ Definition?

Editor's note: This post is part of the ESIL Interest Group on Migration and Refugee Law symposium on The UN Global Compacts on Migration and Refugees: The Twin Peaks? Our search for a new blueprint (or searching for a way to find a new blueprint) for the ‘refugee’ definition started already in 2016, at “The…

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Governance and the UN Global Compact on Migration: Just another Soft Law Cooperation Framework or a New Legal Regime governing International Migration?

Editor's note: This post is part of the ESIL Interest Group on Migration and Refugee Law symposium on The UN Global Compacts on Migration and Refugees: The Twin Peaks? Does the UN Global Compact for Safe, Orderly and Regular Migration (GCM) fulfill the criteria of a legal regime for international migration or is it just another soft law…

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