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Particular Social Group
Particular social group (PSG) is one of five categories that may be used to claim refugee status according to two key United Nations documents: the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees. The other four categories are race, religion, nationality, and political opinion. As the most ambiguous and open-ended of the categories, the PSG category has been the subject of considerable debate and controversy in refugee law. Note that just as with the other four categories, membership in a PSG is not sufficient grounds for being granted refugee status. Rather, to be granted refugee status, one must both demonstrate membership in one of the five categories (race, religion, nationality, particular political opinion, and particular social group) and a ''nexus'' between that membership and persecution one is facing or risks facing. PSG determination is part of the general refugee determination process in most countries that are ...
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United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and international security, security, to develop friendly Diplomacy, relations among State (polity), states, to promote international cooperation, and to serve as a centre for harmonizing the actions of states in achieving those goals. The United Nations headquarters is located in New York City, with several other offices located in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and The Hague. The UN comprises six principal organizations: the United Nations General Assembly, General Assembly, the United Nations Security Council, Security Council, the United Nations Economic and Social Council, Economic and Social Council, the International Court of Justice, the United Nations Se ...
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Immutable Characteristic
An immutable characteristic is any physical attribute perceived as unchangeable, entrenched and innate. The term is often used to describe segments of the population that share such attributes and are contrasted with others by those attributes, and is used in human rights law to classify protected groups of people who should be protected from civil or criminal actions directed against those immutable characteristics. For example, a legal debate about sexual orientation concerns whether it is a mutable or immutable characteristic. If it is immutable, then homosexuality, bisexuality, asexuality, heterosexuality, etc., are all immutable characteristics that naturally occur and cannot be changed. If it is mutable, then those characteristics ''can'' be changed. See also *Suspect classification In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes r ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ...
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Immigration And Refugee Board Of Canada
The Immigration and Refugee Board of Canada (or IRB; , CISR), established in 1989 by an Act of Parliament, is an independent administrative tribunal that is responsible for making decisions on immigration and refugee matters. As one of their responsibilities, the IRB decides on applications for refugee protection made by individuals. The IRB reports to Parliament through the Minister of Immigration, Refugees and Citizenship (IRCC), but remains independent from both the IRCC and the Minister. Governance Governing documents Matters concerning the IRB are governed under the ''Immigration and Refugee Protection Act'' (''IRPA''). In addition, IRB follows Canada's "Immigration and Refugee Protection Regulations", the "Immigration Division Rules", the "Immigration Appeals Division Rules", and the "Refugee Protection Division Rules". Chairperson The chairperson of the IRB is Manon Brassard, who was appointed to the position 23 July 2023. Past chairs include: * Richard Wex (2018- ...
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Administrative Appeals Tribunal
The Administrative Appeals Tribunal (AAT) was an Australian tribunal that conducted independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT reviewed decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also reviewed decisions made under Norfolk Island laws. It was not a court and not part of the Australian court hierarchy; however, its decisions were subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the '' Administrative Appeals Tribunal Act 1975'' and started operation in 1976. On 1 July 2015, the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal became divisions of the Administrative Appeals Tribunal. In December 2022, Attorney-General Mark Dreyfus announced that the AAT would be a ...
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Migration Act 1958
The ''Migration Act 1958'' (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons." The 1958 Act replaced the '' Immigration Restriction Act 1901'', which had formed the basis of the White Australia policy, abolishing the infamous "dictation test", as well as removing many of the other discriminatory provisions in the 1901 Act. The 1958 Act has been amended a number of times. Deportation decisions, provided for in section 18 the Act, are at the absolute discretion of the responsible Minister or his delegate. Deportation requires a specific deportation order (section 206) and applies to Australian permanent residents only. Removal is an automatic process applying to persons held in immigration detention a ...
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Yale Law And Policy Review
The ''Yale Law & Policy Review'' (''YLPR'') is a biannual student-run law review founded in 1982 at the Yale Law School. ''YLPR'' publishes scholarship at the intersection of law and policy authored by lawmakers, judges, practitioners, academics, and students. ''YLPR'' also publishes shorter, timely pieces on its online forum, ''Inter Alia.'' Past contributors include Supreme Court Justices Ruth Bader Ginsburg, John Paul Stevens, and Clarence Thomas; President Bill Clinton; Vice President Al Gore; Secretaries of State Hillary Clinton and Cyrus Vance; Senators Bill Bradley, Chris Coons, Tom Daschle John Edwards, Bill Frist, Ted Kennedy, Frank Lautenberg, Joe Lieberman, Arlen Specter, and Tom Udall; Governor Michael Dukakis, Ambassador John Negroponte; and Professors Richard Epstein, Harold Hongju Koh, Harold Koh, Robert Post (law professor), Robert Post, and Cass Sunstein. The 2007 ''ExpressO'' Guide to Top Law Reviews ranked the journal first among law and society law reviews based ...
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National Immigrant Justice Center
The National Immigrant Justice Center (NIJC) is a center affiliated with the Heartland Alliance in the United States that "is dedicated to ensuring human rights protections and access to justice for all immigrants, refugees and asylum seekers." Its executive director is Mary Meg McCarthy and it is headquartered in Chicago. Programs NIJC has a number of programs dedicated to helping immigrants and affording them legal representation and protection: * Jeanne and Joseph Sullivan Program for Protection of Asylum Seekers: This is a network of approximately 1000 ''pro bono'' lawyers who seek to defend asylum rights. * Defenders Initiative: This initiative seeks to provide information to defenders in criminal cases at the federal, state, and local level so that they can provide better advice to their clients on the potential immigration consequences of being convicted of crimes. * Gender Justice Initiative: This upholds the rights of immigrant women, and helps those who are victims of d ...
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Board Of Immigration Appeals
The Board of Immigration Appeals (BIA) is an administrative appellate court, appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship and Immigration Services, U.S. Citizenship Immigration Services, U.S. Customs and Border Protection, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement. The BIA was established in 1940 after the Immigration and Naturalization Service was transferred from the United States Department of Labor to the Department of Justice. History 1891–1917: Early federal immigration laws The Board of Immigration Appeals traces its origins to the Immigration Act of 1891, which was the first comprehensive federal law that governed the immigration system. The Act established an Office of Immigration within the United States Department of the Treasury, Department of the Treasury ...
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United Nations High Commission For Refugees
The Office of the United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integration or resettlement to a third country. It is headquartered in Geneva, Switzerland, and has 20,305 staff working in 136 countries as of December 2023. Background The office of High Commissioner for Refugees has existed since 1921, when it was created by the League of Nations with Norwegian scientist Fridtjof Nansen as its first occupant. The International Refugee Organization (IRO) was created in 1946 to address the refugee crisis that resulted from World War II. The United Nations established the Office of the United Nations High Commissioner for Refugees in 1950 as the successor of the IRO. The 1951 Refugee Convention established the scope and legal framework of the agency's work, which initially focused on Europeans ...
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Convention Relating To The Status Of Refugees
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The convention also sets out which people do not qualify as refugees, such as war criminals. The convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention. This convention was mentioned in Article 78 of the Treaty on the Functioning of the European Union. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the convention. The rights created by the Convention generally still stand ...
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