The criteria for determination of refugee status in International Law: a critical appraisal

he twenty first century has witnessed disastrous events in different parts of the world causing millions of people to leave their countries of origin hoping to seek refuge and protection against ‘persecution’ from other countries. However, their hopes are often shuttered when their status as refugee...

Full description

Bibliographic Details
Main Author: Eishan Jan, Mohammad Naqib
Format: Article
Language:English
Published: American-Eurasian Network for Scientific Information (AENSI), Jordan 2011
Subjects:
Online Access:http://irep.iium.edu.my/16225/1/naqib.pdf
_version_ 1796876300890144768
author Eishan Jan, Mohammad Naqib
author_facet Eishan Jan, Mohammad Naqib
author_sort Eishan Jan, Mohammad Naqib
collection IIUM
description he twenty first century has witnessed disastrous events in different parts of the world causing millions of people to leave their countries of origin hoping to seek refuge and protection against ‘persecution’ from other countries. However, their hopes are often shuttered when their status as refugees is not recognised and thereby effectively denied protection which international refugee law accord to them. One of the reasons for inaccessibility to refugee status in most of the host states is the adoption of restrictive interpretation of the criteria for the determination of refugee status that are laid down in the 1951 Convention relating to the Status of Refugees as amended by its 1967 Protocol. As will be discussed in this paper, if states have adopted a broader interpretation of these criteria many of the asylum seekers would face no problem in acceding to refugee status and the benefits that accrue from it. Broad interpretation of these criteria, as this paper advocates, would be inline with humanitarian idealism of international refugee law, provide a pragmatic solution to the problem faced by millions of desperate people and uphold the spirit and protective nature of international refugee law.
first_indexed 2024-03-05T22:50:28Z
format Article
id oai:generic.eprints.org:16225
institution International Islamic University Malaysia
language English
last_indexed 2024-03-05T22:50:28Z
publishDate 2011
publisher American-Eurasian Network for Scientific Information (AENSI), Jordan
record_format dspace
spelling oai:generic.eprints.org:162252023-04-19T07:44:15Z http://irep.iium.edu.my/16225/ The criteria for determination of refugee status in International Law: a critical appraisal Eishan Jan, Mohammad Naqib K Law (General) he twenty first century has witnessed disastrous events in different parts of the world causing millions of people to leave their countries of origin hoping to seek refuge and protection against ‘persecution’ from other countries. However, their hopes are often shuttered when their status as refugees is not recognised and thereby effectively denied protection which international refugee law accord to them. One of the reasons for inaccessibility to refugee status in most of the host states is the adoption of restrictive interpretation of the criteria for the determination of refugee status that are laid down in the 1951 Convention relating to the Status of Refugees as amended by its 1967 Protocol. As will be discussed in this paper, if states have adopted a broader interpretation of these criteria many of the asylum seekers would face no problem in acceding to refugee status and the benefits that accrue from it. Broad interpretation of these criteria, as this paper advocates, would be inline with humanitarian idealism of international refugee law, provide a pragmatic solution to the problem faced by millions of desperate people and uphold the spirit and protective nature of international refugee law. American-Eurasian Network for Scientific Information (AENSI), Jordan 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/16225/1/naqib.pdf Eishan Jan, Mohammad Naqib (2011) The criteria for determination of refugee status in International Law: a critical appraisal. Journal of Applied Sciences Research, 7 (13). pp. 2292-2304. ISSN 1819-544X http://aensionline.com/jasr/jasr/2011/2292-2304.pdf
spellingShingle K Law (General)
Eishan Jan, Mohammad Naqib
The criteria for determination of refugee status in International Law: a critical appraisal
title The criteria for determination of refugee status in International Law: a critical appraisal
title_full The criteria for determination of refugee status in International Law: a critical appraisal
title_fullStr The criteria for determination of refugee status in International Law: a critical appraisal
title_full_unstemmed The criteria for determination of refugee status in International Law: a critical appraisal
title_short The criteria for determination of refugee status in International Law: a critical appraisal
title_sort criteria for determination of refugee status in international law a critical appraisal
topic K Law (General)
url http://irep.iium.edu.my/16225/1/naqib.pdf
work_keys_str_mv AT eishanjanmohammadnaqib thecriteriafordeterminationofrefugeestatusininternationallawacriticalappraisal
AT eishanjanmohammadnaqib criteriafordeterminationofrefugeestatusininternationallawacriticalappraisal