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Landmark Cases in International Refugee Protection: International Jurisprudence on the Rights of Refugees

Edited by: Kirsten McConnachie, Sarah Singer

ISBN13: 9781509981335
To be Published: January 2025
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



This volume examines judicial decisions that have shaped the field of refugee law.

Each chapter focuses on a single case, analysing the decision in that case but also locating it in a wider legal and political context and tracing its subsequent impact on refugee law and policy. It shows how refugee protection is shaped by the intersection of different fields of law: refugee law, human rights law, and domestic constitutional provisions.

Reflecting this complexity, the collection explores decisions from the UK, Canada, US, Kenya, Australia and Papua New Guinea; as well as regional courts including the European Court of Human Rights and 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.

Subjects:
Immigration, Asylum, Refugee and Nationality Law
Contents:
Part One: Refugees' Rights in National Courts
1. Canada (Attorney General) v Ward [1993] 2 SCR 689 [Canada: Supreme Court]
2. Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14 [Australia: High Court]
3. HJ (Iran) and HT (Cameroon) v SSHD [2010] UKSC 31 [UK: Supreme Court]
4. R v Uxbridge Magistrates Court and another ex parte Adimi [1999] EWHC Admin 765
5. Bolbol v Bevándorlási és Állampolgársági Hivatal [2010] ECR I-5539 [Court of Justice of the European Union]
6. Pushpanathan v Canada (Minister of Citizenship and Immigration) [1998] 1 SCR 982
7. Sale v Haitian Centres Council 509 US 155 (1993) [US: Supreme Court]
8. Kituo Cha Sheria and Others v Attorney-General Kenya High Court 2013 [Kenya: High Court]
9. Namah v Pato [2016] PGSC 13 [Papua New Guinea: Supreme Court]

Part Two: Refugees' Rights in Regional and International Fora
10. Sufi and Elmi v UK [2011] ECHR 1045
11. MSS v Belgium and Greece (2011) 53 EHRR 2
12. Hirsi Jamaa and others v Italy App. No.
27765/09
13. Pacheco Tineo Family v Plurinational State of Bolivia, Inter-Am Ct HR (25 November 2013)
14. Ioane Teitiota v New Zealand 2020 UN Human Rights Committee