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Essay On Right To Asylum

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The Right to Asylum Although the CR and the PR set the basics of the refugee protection regime, they do not grant the right to asylum. On the contrary, the right to asylum is the decision of each state according to its sovereignty (Barnet, 2002 and Henkel, 1982). Refugees can seek asylum in the first signatory country they enter, but other countries they pass through later can send them back to that first country (Barnet, 2002). Furthermore, the procedures of granting asylum are not regulated in the CR (Phoung, 2005). The Right of Non Refoulement Nevertheless, the convention does not obligate states to grant asylum; it protects the principle of non refoulement where the refugees cannot be expelled or returned to a country where their life …show more content…

The definition requires the following: First, the person to be outside the country of his nationality which means the person has to cross borders in order to be considered a refugee. Second, the refugee should have faced ”well-founded fear of persecution”. Third, as a result of this persecution, the refugee should be unable or unwilling to be protected by his country of nationality. Finally, the fear of persecution should be based on five grounds: race, religion, political opinion, gender or membership of a particular social group (MacNamara, 2007 and Hydman, 1978). This brings us to the question if the person left for another reason and needed protection, will the CR provide protection? Unfortunately, the answer is no. The assessment of the definition will tackle the following

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