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Immigration Law - Essay Example

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Immigration Law

A meeting of the member states was thus held at Geneva on the 28th of June 1951 and is popularly regarded as the Geneva Convention. This summit initially constrained the scope to shielding European refugees in the aftermath of World War II but a 1967 Protocol detached the conditions of geographical and time restrictions, escalating the Convention's objectives. Article 1 of the Convention as modified by the 1967 Protocol provides the definition of a refugee:
"A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events ,is unable or, owing to such fear, is unwilling to return to it.."
The 'Geneva Convention' provided refuge to a millions of Refugees in the post world war period until the Cold War of the 1980's and it set the basis of immigration policies and laws in most of the countries. But in the post Cold War period till today it has been faced with a number of issues and as a result a number of member states specially the European countries have begun straying away from the basic policy, in order to block the huge flow of migrants every year due to the insufficiencies of the convention.
It is an undeniable fact that the 'Geneva Convention' was the foundation of the Refugee protection regime and was the one truly universal instrument that gave basic principles on which the international protection of Refugees was built. But the essence of disapproval of the 1951 UN refugee Convention is that it is archaic. The treaty was formulated in and for a specific era. While Western countries' refuge structures might have managed well enough until the end of the Cold War, they were not intended to counter the current mass refugee outflows and migratory activities.

Problems with the Geneva Convention
A research conducted by the parliament of Australia outlined the following issues to have popped up as a result of the inadequate principles of the Geneva Convention.
The setback of the Convention is that it was developed in and for a different period. A number of consequential problems in its execution in today's very diverse world have been recognized by academics and researchers:
the Convention explanation of refugee is outmoded, as is its notion of banishment as a solution to refugee problems
it bestows no right of assistance on refugees unless and until they reach a receiving country, it inflicts no compulsions on countries not to persecute or expel their citizens, and it imposes no requirement for burden sharing between states
the asylum process is providing an path for irregular migration and is connected to people smuggling and criminality
the Convention does not recognize the political, financial and social impact of large numbers of asylum seekers on signatory countries
There is imbalance of result between 'camp' and 'Convention' refugees. Precedence is given to those present, on the basis of their mobility, rather than to those ...Show more

Summary

Immigration that is the physical movement of people from the place of their origin to a foreign territory has existed throughout human history. But with developments of man the norms and principles governing immigration and other related issues have also been subjected to a long period of transition…
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Immigration Law Essay essay example
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