Asylum Violation Summary

Decent Essays
Grover discusses how states have treated children living on the streets and facing persecution and whether they have given protections. She looks at how states have implemented policy in regard to refugee and humanitarian law.
The article is qualitative, descriptive and analytical looking at court cases in the United States and Canada. Grover references international law including the Convention on the Status of Refugees and human rights law to define qualifications for refugee status.
The majority of states do not give children the means to trial and independent counsel in trial. Of those that do, many do not receive asylum. In Canada, 16% of denied asylum applications actually made it to the Federal Court of Appeals (119). The court overrules previous asylum denials only if they find grounds “unreasonable” (119).
Many courts do not see refugees as social group,
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It is interesting to see that refugee law can expand to street children. However, like Grover explains, states evade applying human rights law and giving protection to street children (128). Grover proposes states recognize street children as a social group of people who are experience persecution and are essentially refugees (127). Grover contends that states need to focus on human rights and not allow state interests and politics get primacy when granting refugee status (119). Courts need to focus on judicial review and substantive justice in ensuring the right decision to asylum applications was given, based on the Refugee Act, rather than focusing on procedures (129). Also, courts need to prosecute offenders who violated human rights in these cases (129). Lastly, Grover argues for consistency in state and international law, with real application of human rights law at all courts, regardless of whether it is a part of domestic law
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