The Nationality, Immigration and Asylum Act 2002
A look at the development of the U.K. asylum policy from its inception in 1970's to the most recent amendments in 2002, highlighting the most significant impacts on asylum seekers today.
Research Paper # 52967 |
11,371 words (
approx. 45.5 pages ) |
20 sources |
APA | 2003
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$ 133.95
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Abstract
This paper attempts to identify the shortfalls of the 2002 Act and its inability to revolutionize the asylum system in the U.K. In particular, it focuses on the adverse impact it will have on current and future asylum seekers in respect of their entitlements to welfare support and benefits. It provides a full background of the development of U.K asylum law in order to identify the route it has taken to reach its current position and investigates the reasons why the government is demonstrating a more restrictive approach to asylum policy. It then concentrates on the failings of the previous asylum policies discussed and examines why there was a significant need for reform. It critically analyzes the government's proposals for reform, identified in the White Paper "Fairer, Faster, Firmer" in 1999 and also introduces a summary of the changes implemented by the subsequent Immigration and Asylum Act 1999. The next part identifies the failings of the 1999 Act, in particular highlighting the controversial issues surrounding refugees entitlements to receive support and then introduces the proposed changes to the 1999 asylum system and present the revolutionary reforms for 2002, allowing particular consideration to the changes to the support system and the controversial issues surrounding the accommodation centre proposals.
Outline
The Background and Development of U.K .Asylum Policy
The Reform of U.K. Asylum Policy
The Failings of the 1999 Asylum System
The Nationality, Immigration and Asylum Act 2002
Poverty in the Asylum Support System
Accommodation Centres
Conclusion
From the Paper
"The legislation was constructed purely from a political perspective, which provided only for interim measures such as initial arrival and detention of the asylum seeker, the appeals process, and procedures which were to follow once the asylum application had failed. Both the 1993 and 1996 Asylum Acts failed to take into account any welfare entitlements which should be made accessible to the asylum seeker, and failed to take into consideration the likelihood that the asylum seeker would be likely to remain in the UK for several months whilst his application was processed and would therefore require a significant level of social assistance. In effect the UK asylum policy did little to help the asylum seekers in need of support and protection and has endured extreme criticism. The law of asylum should function so as to ensure the fair, efficient, and effective assessment of asylum claims, instead of following a purely exclusionary regulatory strategy based on a deterrence and punishment model of asylum policy."
Tags:government, papers, poverty, white, welfare
A discussion of the similarities between asylum and extradition and how they interrelate, with a comparison of the Asylum Case,"Columbia v. Peru" (1950), with the case of "United States of America v. Cotroni"; "United States v. El Zein" (1989).
Comparison Essay # 114687 |
3,701 words (
approx. 14.8 pages ) |
9 sources |
MLA | 2008
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$ 61.95
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Abstract
This research paper studies the evolution of two supreme rights of international law; the right of political asylum and the right of extradition. The writer seeks to explain the relationship between the two rights, and how and why the two practices often interrelate. A comparison is made of the two rights, detailing their similarities as well as their differences. In order to compare the practice of asylum and the practice of extradition, the writer examines the Asylum Case between Colombia and Peru ("Columbia v. Peru") (1950), and the "United States of America vs. Cotroni"; "United States of America vs. El Zein" (1989) case.
From the Paper
"Extradition is the formal surrender of a person by one state to the authorities of another for the purpose of criminal prosecution. It is a form of legal assistance between states, granted on the basis of a bilateral or multilateral treaty, or by ad hoc agreement. Asylum means offering sanctuary to those at risk and in danger, in compliance with States' obligations under international refugee law, human rights law and customary international law. It is important to stress that extradition and asylum are not mutually exclusive. The institution of asylum was never intended to shield fugitives from legitimate criminal prosecution. The two rights may not be mutually exclusive, but they do often come into relation."
Tags:non-intervention, sovereignty, non-extradition, drugs, transnational, crime, refusal, security
This paper examines the history of the European Union's (EU) policies on asylum and arms control.
Essay # 83959 |
1,125 words (
approx. 4.5 pages ) |
4 sources |
2005
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$ 23.95
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Abstract
This paper explains that the European Union's common asylum policy has developed over time and has been influenced by a number of political and economic factors. The author points out that the
EU's position has evolved in response to asylum issues and other emerging concerns such as arms control and human rights violations. The paper relates that thirteen years ago, common European agreement was reached through the Maastricht Treaty, which designated asylum policy as a matter of shared interest to European Union members.
From the Paper
"The European Union's common asylum policy has developed over time and has been influenced by a number of political and economic factors. As this development has unfolded, Luxembourg's own position has evolved in response to asylum issues and other emerging concerns such as arms control and human rights violations. Essentially, "as political and economic co-operation has developed between the member states of the EU, the necessity of a common approach to issues such as immigration, border controls and asylum policy has become apparent." (ECRE) Thirteen years ago, common European agreement was reached through the Maastricht Treaty, which designated asylum policy as a matter of shared interest to European Union members. "
Tags:luxembourg, and, eu
This paper discusses the notion of safe third countries in the European Union.
Research Paper # 103311 |
4,464 words (
approx. 17.9 pages ) |
18 sources |
APA | 2008
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$ 70.95
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Abstract
In this article, the writer notes that France will take the presidency of the European Union (EU) from July to December 2008. Priorities during this period include a "common pact on immigration and asylum" , which aims towards a greater harmonisation in these fields, but which does not mention enforcing a better respect of human rights. The writer points out that this issue triggers questions about the role of the EU as a global player in the field of human rights. Indeed, asylum - which refers to the protection granted by a foreign country to a person persecuted for political opinions or religious beliefs in its own country - is per se linked to human rights. However, current EU policies tend to criminalize migrants trying to enter and settle in "Fortress Europe", disregarding their reasons for migrating. The writer discusses that a new trend has recently been development in the management of asylum procedures: third countries have been listed as "safe", which implicitly means that they should not produce refugees and therefore that nationals of such countries who would yet claim asylum might not been "genuine" refugees. One can then wonder why the EU implements such a principle and what are the consequences on the new asylum procedures, as far as human rights are concerned. In this essay, the writer focuses on the implementation of the principle of "safe third countries" in the EU and the criticisms it raises.
Outline:
INTRODUCTION
I. CURRENT IMPLEMENTATION OF THE SAFE THIRD COUNTRY PRINCIPLE IN THE EUROPEAN UNION
A. BACKGROUND INFORMATION ON COMMON ASYLUM POLICIES AT EU LEVEL
1. International Legislation
2. EU Legislation
Before the Amsterdam Treaty (1999)
The Amsterdam Treaty
The Tampere Treaty and its Aftermath
The Hague Program (2004)
B. BACKGROUND INFORMATION ON THE NOTION OF SAFE THIRD COUNTRIES
1. Justification of the Principle of "safe third country"
2. European Vision of Safe Third Countries
Uses of Safe Third Country Principle in Europe
II. CRITIC OF THE SAFE THIRD COUNTRY PRINCIPLE
A. LEGALITY OF SAFE THIRD COUNTRY LISTS
1. Human Rights Issues in "safe" Third Countries
2. A Breach in the Geneva Convention?
B. NEGATIVE IMPACTS AND COUNTER-ACTIONS TAKEN BY NGOS TO FIGHT AGAINST THIS PRINCIPLE
1. Consequences of the Implementation of Safe Third Countries Principle
In the "Old Europe": Decreasing Rates of Asylum Claims in France
A New Burden for Bordering Countries of the EU and EU's Neighbours
2. Counter-strike of NGOS: Case Forum Refugies vs. OFPRA
CONCLUSION
Bibliography
From the Paper
"To deal with asylum, it is necessary to remind some basic points of the Convention. Firstly, according to the 1951 Geneva Convention, to be granted refugee status, an asylum seek must lodge his/her claim in the State s/he wants to be recognize by, that is to say, s/he must have physical access to the territory of this State to start a procedure in which the validity of his/her claims can be assessed. Secondly, it is up to each State party to the convention to interpret the convention at its own discrepancy. Some States can be criticized for rejecting many asylum claims but that does not prove in itself a violation of the Convention, but rather a very strict interpretation. Thirdly, we need to remind ourselves that returning to their country of origin rejected asylum seekers and generally all irregular migrants not in need of protection is a difficult challenge. The procedures of detention, deportation and readmission have not been addressed by the 1951 Convention. Such measures depend on national or EU rules, but still should comply with international human rights standards. Both the overstaying and the removal of rejected asylum seekers create problems in terms of credibility and integrity of asylum systems. This is part of a wider debate on the balance of international cooperation and solidarity and control of migration fluxes."
Tags:states, rights, global, refugees
An examination of the reformation in the humane treatment of psychiatric patients and its expression in the Steinhof mental institution.
Term Paper # 145398 |
1,406 words (
approx. 5.6 pages ) |
5 sources |
MLA | 2010
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$ 28.95
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Abstract
This paper explores the implementation of reforms at the Lower Austrian Provincial Institution for the Care and Cure of the Mentally and Nervously Ill at Steinhof. The paper explains that this change was a culmination of the principles employed throughout the 19th century in the reformation of the built environment of insane asylums. The paper further defines this international movement toward humane treatment of psychiatric patients as a focus on the collaborative planning of areas including lighting, ventilation, aesthetics, surveillance, self-sufficiency, and classification of patients. The paper asserts that Steinhof is an exemplar of the architectural manifestation of psychiatric goals, and aims to present the architectural elements that made the facility so advanced and the medical reasoning that provided their basis.
The paper concludes that the positive transformation from warehousing the insane to providing a sanctum is dramatically represented in the success of Steinhof.
From the Paper
"One such feature proposed by psychiatrists and exhibited at Steinhof is the integration of nature. The basis of this element is the emphasis doctors placed upon nature's psychological benefits. Gardens and tree lined paths, like those at Steinhof, were a staple of 19th century asylum landscaping. High priority was also placed upon optimizing patient views. In America, building types such as the E-shape and the U-shape that offered restricted views or views into the windows of other patients were replaced through time by The Kirkbride Plan. This linear asylum design created by American psychiatrist Thomas Story Kirkbride arranged pavilions in en echelon enabling each patient to see the scenery from his or her window (Yanni 34). Nature was also central in choosing a location. Countryside locations were essential so that institutions were far from centers of human civilization which provided "moral" causes for insanity such as poverty and overwork. The basic aim was to create a place "in which all problems of modernity could be reversed" (Topp 137). For this very reason, Steinhof was deliberately placed in the hills of Vienna. Isolation from society encouraged a simplistic lifestyle for patients and provided a calming change of pace."
Tags:otto, topp, insane, ill, benthem, panopitcon
Review of Erving Goffman's work entitled "Asylums: Essays on the Social Situation of Mental Patients and Other Inmates."
Book Review # 140192 |
750 words (
approx. 3 pages ) |
2 sources |
APA |
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$ 16.95
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Abstract
This paper reviews and analyzes Erving Goffman's work "Asylums: Essays on the Social Situation of Mental Patients and Other Inmates" which is an in-depth look at the state of psychiatric institutions. According to the paper, this work should have led to a greater understanding of marginalization and mortification and may have had, at best, a minimal impact on creating change. However, it is still an important work, which should be revisited in order to improve the lives of those individuals living in institutions even today.
From the Paper
"... is a in-depth look at the state of psychiatric institutions. This book provides valuable information on the effect such places have on an individual's sense of self. In part, this kind of inmate treatment is due to the manner in which society viewed the nature of illness. This viewpoint is slowly changing. However, to some extent, it still persists in today's world to some extent both in terms of mental illness and in terms of crime, making Goffman's work relevant even today."
Tags:goffman, institution, mental illness
This paper explores Australia's fears about increasing numbers of unauthorized asylum seekers in the country.
Term Paper # 97942 |
1,703 words (
approx. 6.8 pages ) |
7 sources |
MLA | 2007
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$ 33.95
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Abstract
The paper describes how Australia relies heavily on immigration and tourism to achieve population and economic growth. The paper discusses, however, how the number of unauthorized asylum seekers increased to the point that the country felt that it could not control society anymore. The paper examines whether there truly is a need to control asylum seekers and concludes that the Australian government is currently having an exaggerated moral panic. The paper disagrees with the government's use of the issue of deviance or social norms because this has only triggered racial discrimination and labeling among the white Australians.
Outline:
Introduction
Immigration and/or Asylum Seekers in Australia
The Reaction of the People
Conclusion
From the Paper
"Australia is also one of the signatories the Refugee Convention and the 1967 Protocol, which prove that Australia welcomes and has properly resettlement areas for asylum seekers. Since these agreements were signed, "Australia has resettled large numbers of refugees and other persons of humanitarian concern from overseas camps". However, unlike other countries such as the US, Australia's record of asylum refugees was not that large thereby enabling the Australian government to have a direct and tight control over all aspect of immigration programs - such as social policies - concerning the asylum seekers (Protocol Relating to the Status of Refugees, 1967)."
Tags:deviance, stereotyping, immigration, refugees, illegal
Paper introducing Erving Goffman and Michel Foucault as contemporaries to both take interest in the institution of the asylum which for Goffman was a total institution whose interactionism strongly shaped inmate behaviour; for Foucault typical of a ...
Essay # 137737 |
1,500 words (
approx. 6 pages ) |
8 sources |
APA |
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$ 29.95
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Abstract
Paper introducing Erving Goffman and Michel Foucault as contemporaries to both take interest in the institution of the asylum which for Goffman was a total institution whose interactionism strongly shaped inmate behaviour; for Foucault typical of a disciplining or coercive environment or micro-society as Western capitalism developed them from the 17th century; reflection on similarities, if different approaches; various primary & secondary references.
From the Paper
Public Education in Canada vs. The United States 2. Examine developments in one or two (Education) areas of social policy . . . .in Canada and one other developed democracy (United States) since the mid-1990s. Introduction Public education is, along with social security, one of the core areas of public policy in western industrialized democracies. This being said, however, it is important to note that wide differences can exist between approaches to this aspect of public policy even between closely linked states. This paper will examine developments in public education policy in
Tags:interactionism, discpline/coercion, goffman/foucault
This paper discusses immigration and asylum laws in the E.U.
Research Paper # 28150 |
8,276 words (
approx. 33.1 pages ) |
15 sources |
MLA | 2002
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$ 105.95
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This paper focuses on the immigration and asylum laws of the European Union with a special explanation and discussion on the status of third-world country long-term residents and their families. In the brief introduction, the paper describes the origin and history of migration and the scenario of present day immigration. A literature review related to the various proposals constituted by the E.U. and comments on these proposals is presented. The paper ends with a brief conclusion derived from the facts and discussion on the subject.
From the Paper
"Undocumented immigrants have been the victims of police abuse, racial and ethnic discrimination, and violations of women's and children's rights (AELC, 2002). It is clear to policy makers that the EU needs to address these issues in the formation of new policies that they are considering. At this time, policies regarding illegal immigrants are not uniform and there are many differences in the way individual countries handle the situation. The AELC contends that any human being, regardless, of legal immigration status is entitled to at least some basic human rights."
Tags:refugees, AELC, Roma, Children, Treaty, of, Amsterdam
A critique of David A. Rothman's "The Discovery of the Asylum" and Phillip Cushman's "Constructing the Self and Constructing America".
Book Review # 121779 |
1,000 words (
approx. 4 pages ) |
19 sources |
APA | 2008
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$ 21.95
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This paper reviews David A. Rothman's "The Discovery of the Asylum" and Phillip Cushman's "Constructing the Self and Constructing America" that respectively detail transformations in American psychiatric institutions and the American psyche as defined by psychiatry. The paper provides a critique of each.
From the Paper
"Two books from David A. Rothman and Phillip Cushman respectively detail transformations in American psychiatric institutions and the American psyche as defined by psychiatry, in "The Discovery of the Asylum" and "Constructing the Self and Constructing America". Rothman's detailed description of the historical foundations of the asylum in American society provides his theory for why America during the nineteenth century chose to institutionalize its convicts, mentally ill, juvenile delinquents, orphans and its destitute. Cushman, in turn, provides an account of the American construction of self..."
Tags:colonial America, psychology, moral, social, mentally ill, poor, criminal, Foucault, slaves, Indians