Suchergebnisse

Abstract
Attempts by states to deter refugee movement have evolved to a point that routine and systematic breach of non-refoulement and associated human rights frequently constitutes a central pillar in their asylum architectures. The expansion of state policies and practices under which people seeking asylum are prevented from reaching safe places and lodging asylum claims has accelerated during the Covid-19 pandemic. Drawing on examples from Australia and Europe, this article uses neo-refoulement—a concept introduced by geographers Jennifer Hyndman and Alison Mountz—to signal not only the rise in pushbacks at land and sea borders, but also practices that occur well within the boundaries of sovereign territory. These include the use of island incarceration, fast-track border procedures, and denial of legal presence on sovereign territory, even where physical presence is achieved. Such measures have often been introduced under the pretext of responding to situations of 'mass influx'. And yet, far from providing an adequate response to a so-called 'refugee crisis', they serve only to facilitate a greater humanitarian crisis.

Abstract
Plaintiff S99/2016 v. Minister for Immigration and Border Protection [2016] FCA 483 was a decision of the Australian Federal Court concerning a woman (referred to in the decision as "Plaintiff S99") who had been recognised as a refugee in the Republic of Nauru, having been transferred there by Australia under an offshore processing agreement. The decision in Plaintiff S99 established an important precedent that many refugees and asylum-seekers in Australia's offshore processing centres on Manus and Nauru, including children with severe health problems, subsequently relied upon to be transferred to Australia for critical medical care. Drawing on the recent turn towards trauma-informed practice across other areas of law and policy, we ask: what does this mean for refugees, and, more specifically, what does this mean for judgment writing in refugee law? We use our rewrite of Plaintiff S99 to highlight aspects of the decision and its legacy that continue to silence and erase the experiences of refugees, especially refugee women, and frequently contribute to compounding their trauma. Our contribution calls for a reorientation towards "do no harm" principles, which lie at the heart of trauma and violence-informed practice. In particular, our approach to rewriting S99 aims at foregrounding dignity and safety, promoting respect for physical and mental health, and centring the voice, experience, and longer-term protection needs of refugees.

Los estudios realizados en diversas jurisdicciones europeas sugieren que el empleo de comisiones judiciales compuestas por varios miembros en la fase de apelación mejora la calidad y la equidad de la DCR. ; Research across a range of European jurisdictions suggests that the use of multi-member judicial panels at appeal stage improves the quality and fairness of RSD

Les études menées dans un certain nombre de juridictions européennes suggèrent qu'au stade du recours, les formations collégiales améliorent la qualité et l'équité du processus de détermination du statut de réfugié (DSR).