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The For International Refugee Law

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In order for International refugee law to function and satisfactorily benefit the people it has challenged state sovereignty in some aspects. Regardless of the enforcement laws signatory states have been able to keep authority over the flow of refugees individually keeping their territorial supremacy. In my opinion refugee law has not challenged the principle of state sovereignty enough as some people still seem to fall within the cracks and are not afforded protection. States are still refusing to to give a little of their power away in order to protect human rights. This essay is going to be discussing the 1951 convention, internally displaced persons and the concept of non-refoulement in relation to the protection for forced migrants. …show more content…

A prime example of the how restricted the definition is the case of Shah and Islam. The court felt that women as a social is a too big a group. They narrowed the group to women, that are married and allegedly committed adultery and said that they are a social group. ’the concept of social group is a general one and its meaning cannot be confined to those…which the framers of the Convention may have had in mind’. Some argued that the court in this case are trying to broaden the threshold however it seems that they are further restricting it. Examples like these show that the threshold is high and it doesn 't seem like the courts are considering broadening it any time soon.

The definition is already restrictive and it goes further saying even if they satisfy the conditions in the definition under section 1A, they can still lose the refugee status or even be denied it under sections 1C-1F.

1F is the main provision that has the exclusion from refugee status. Though the provision clearly states “serious reasons for considering” we are not sure how each state would view that. There are two contrasting cases on this. One being the case of Cruz v Minister of Employment and Immigration, where the member of Mexican army who was involved in mass massacres was granted asylum in Canada. On the other hand the case of T v Secretary of State

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