12 08 2012 Study Guide 3 rd Exam Know the following terms cases and legal concepts 1 How international refugee law evolved Refugee 1939 St Louis o Tried to go to New York and many other US states but ended up going back to Europe o Many of them died o They refer to it as the Voyage of the St Louis the Voyage of the Damned 1945 Communism o The enacted the Iron Curtain o Idea that there was a free world in the west and communist side o People were actually trying to climb the Berlin wall and were shot in the east in the back 1951 The UN Convention of Refugees o Had to define a refugee and say what their rights are o Had to define what are the obligations of government to refugees that flee o Wet foot dry foot idea you have to touch dry land to be admitted into the country if you are caught in the water you will be turned around 1967 US signs on to the UN Convention of Refugees 2 The definition of a Refugee o A person outside of their country with a well founded fear of persecution in that country on account of their race religion nationality political opinion or particular social group 3 Types of people excluded from the refugee definition o 1 Internally displaced people you have to be outside of your o 2 People just seeking economic improvement better schools home country to qualify for kids etc o 3 Those fleeing general types of violence you have to show that you have a well founded fear individually o 4 Those fleeing natural disasters hurricane earthquake etc 4 The concept of Nonrefoulement o Has been called the cornerstone of refugee law means that refugees will not be sent back to a country where their lives or liberties would be at risk 5 Options countries have in refugee protection 1 Countries can keep refugees in camps don t have to give them any permanent residence 2 Allow the refugee to stay until conditions in their home country improve and then send them back process of repatriation 3 3rd safe country option you can send the refugees to another country that is willing to take them in Also the idea of trade benefits in return for taking refugees of the hands of a particular country 4 To accept refugees and give them refugee status for 1 year and then they are eligible to apply for a permanent residence and after 5 years you can apply for citizenship United States 6 The 1980 Refugee Act o Makes it apart of the U S law 7 The Nexus Requirement o The applicant must show a nexus between the harm suffered and one of the five grounds for asylum Showing a nexus means that the asylum applicant must show that the gang harmed the applicant because of the applicant s race religion nationality membership in a particular social group or political opinion 8 Examples of the 5 enumerated grounds 1 Race Color of your skin Ethnicity 2 Religion If they prohibit a religion If they punish people of a particular religion or prohibit it 3 Nationality When someone is persecuted by their own country because they are from a different nationality Vietnamese were outcast 4 Political Opinion When you have a political opinion that is not tolerated if you believed in democracy and it was not tolerated then you were outcast Imputed political beliefs something that the persecutor thinks that you believe Your individual beliefs could lead you to be prosecuted 5 PSG Particular Social Group Any kind of social group to which one belongs Connected to immutable characteristics Immutable characteristic characteristics that you either cannot or should not have to change People from a royal family families in general HIV Positive individuals gay and transgendered groups etc Gender alone is not considered a particular social group 9 What makes the Particular Social Group category unique o People from a royal family families in general HIV Positive individuals gay and transgendered groups etc Gender alone is not considered a particular social group 10 Credible Fear Hearings Have about 15 minutes to explain to the hearing officer what they are afraid of No right to a lawyer Done with a low level officer 11 Bond Hearings Where they are actually detained after their credible fear hearing unless they can prove a few credible things 4 things you have to show 1 Show you have family or friends to stay with 2 Show they would not be a threat to the community 3 Prove that it is likely you will show up to your hearing 4 You have to pay a bond of up to 20 000 in cash and you get it back after your immigration court hearing is completed 12 Asylum hearings Done with no jury Single judge Not many have a lawyer Defense and prosecution Life or death hearing 2 Parts to the Hearing Direct examination cannot ask leading questions Cross examination the government attorney asks questions and they can ask leading questions Rights they do not have 1 No right to the 5th Amendment you have to testify or it will be held against you 2 No right to the 4th Amendment No protection to search and seizure 3 No right to the 6th Amendment No right to an attorney 13 Legal significance of the Kassindja case o BIA says that it is not enough that cultural practices approve of o Argument was that FGM is not to punish the girl but to enhance BIA said they are not going to insist that there be Punitive this her intent 14 Fauziya Kassindja s story and the main individuals in that story Kassindja led a great life up until the death of her father Her father dies her uncle and aunt deport her mother and forces Kassindja to have an arranged marriage with a 40 something year old man She was ordered to undergo kakia FGM She flees Africa for America right before Kakia was to be performed on her with help from her older sister o She first escapes to Ghana then to Germany She goes to America seeking Asylum however is locked in prison Her detention was marked by poor food inadequate medical care Ms Kassindja suffered from severe asthma and was later diagnosed with an ulcer periods of isolated confinement and numerous transfers from one institution to another which separated her along the way from belongings new friends and any sense of security o repeatedly says that it was her belief in God that kept her alive Layli Miller Bashir Law student Friend and Advocate for Kassindja o She was doing a summer internship with the lawyer who took Ms Kassindja s case A law student at American University in Washington DC Ms Bashir had since her undergraduate days taken it upon herself to learn everything she could about FGM with a special focus on its relation to international
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