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Landmark Cases in International Refugee Protection
International Jurisprudence on the Rights of Refugees
Landmark Cases in International Refugee Protection
International Jurisprudence on the Rights of Refugees
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Description
This volume examines judicial decisions that have shaped the law of asylum and refugee protection.
Each chapter analyses a single judicial decision and locates it in a wider legal, political and policy context, tracing its subsequent impact on refugee law and policy. Some of the decisions analysed in this collection were foundational in establishing the reach of refugee law, particularly in defining the scope of the refugee definition. Others engage with key areas of refugee rights in contexts which indicate a critical turning point in state refugee policy, such as interdiction of boats at sea, encampment and extraterritorial asylum processing mechanisms. The contributions demonstrate how refugee protection is shaped by the intersection of different fields of law, including refugee law, human rights law, and domestic constitutional provisions.
Reflecting this complexity, the collection explores decisions from the UK, Canada, USA, Kenya, Australia and Papua New Guinea; as well as regional courts including the European Court of Human Rights, Inter-American Court of Human Rights, the Court of Justice of the European Union, and decisions of the United Nations Human Rights treaty bodies. Authors include leading academics and practitioners in refugee and human rights law from a range of jurisdictions.
This book offers compelling insights for anyone with an interest in international refugee protection, human rights, and the development of international refugee law.
Table of Contents
Part 1: The Refugee Definition
2. Canada (Attorney General) v Ward [1993]: Refugee Law's Parthenon, Hugo Storey (International Association of Refugee and Migration Judges, UK)
3. Minister for Immigration and Multicultural Affairs v Khawar [2002]: Increasing Protection for Women as Part of Transnational Movements Challenging Gender Inequality in Refugee Law, Natasha Yacoub (University of New South Wales, Australia)
4. The Diary of a Strategic Litigation Lawyer. HJ (Iran) and HT (Cameroon) [2010]: Beacon of Hope, or Template for Exclusion, S Chelvan (33 Bedford Row Chambers, UK)
5. Bolbol v Bevándorlási és Állampolgársági Hivatal [2010]: When is a Palestinian Refugee a Convention Refugee? Dallal Stevens (University of Warwick, UK)
6. Pushpanathan v Canada (Minister of Citizenship and Immigration) [1998]: Excluding (Suspected) Criminals from Refugee Protection, Sarah Singer (University of London, UK)
Part 2: Rights of Refugees
7. R v Uxbridge Magistrates Court and Another Ex parte Adimi [1999]: “Article 31 must henceforth be honoured”, Kirsten McConnachie (University of East Anglia, UK)
8. Refugee Rights Adrift: Haitian Interdiction and the Long Term Effects of Sale v Haitian Centres Council (1993), Stephen Meili (University of Minnesota, USA)
9. Hirsi Jamaa and Others v Italy (2012) and the Prohibition on Pushbacks, Elspeth Guild (University of Liverpool, UK)
10. MSS v Belgium and Greece (2011): The Interplay between Non-Refoulement and Refugee Protection, Evangelina (Lilian) Tsourdi (Maastricht University, the Netherlands) and Paul McDonough (University of Bologna, Italy)
11. Kituo Cha Sheria and Others v Attorney-General 2013: Betwixt Executive Opposition and Judicial Affirmation of Refugee Rights, Samuel Woldemariam (University on Newcastle, Australia)
Part 3: Future Directions in Refugee Protection
12. Protection from Conflict: Sufi and Elmi v UK [2011], Christel Querton (University of West England, UK)
13. Pacheco Tineo Family v Bolivia (2013): Human Rights and Procedural Guarantees for Refugees in the Americas, Liliana Jubilut, Camila Marques Gilberto (Catholic University of Santos, Brazil), and Flávia Oliveira Ribeiro (University of Cologne, Germany)
14. Namah v Pato [2016]: Constitutional Challenges in Offshore Destination States, Maria O'Sullivan (Monash University, Australia)
15. R (on the application of AAA and others) v Secretary of State for the Home Department [2023]: The Limits of Externalisation and the Failed UK-Rwanda Arrangement, Nikolas Feith Tan (University of Melbourne, Australia)
16. Ioane Teitiota v New Zealand (2020): Meeting the Challenge of Climate Change through International Protection Law, Bruce Burson (New Zealand Immigration and Protection Tribunal)
Product details
Published | Feb 05 2026 |
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Format | Hardback |
Edition | 1st |
Extent | 304 |
ISBN | 9781509981335 |
Imprint | Hart Publishing |
Dimensions | 9 x 6 inches |
Series | Landmark Cases |
Publisher | Bloomsbury Publishing |