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Terrorism and exclusion from refugee status in the UK : asylum seekers suspected of serious criminality /
Exclusion from refugee status for the suspected commission of serious crimes is a topic fraught with political and legal controversy. This is an area which sees the intersection of refugee law with international criminal and humanitarian law and, increasingly, measures taken in the fight against ter...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Boston :
Brill Nijhoff,
2015.
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| Colección: | Queen Mary studies in international law.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Terrorism and Exclusion from Refugee Status in the UK: Asylum Seekers Suspected of Serious Criminality; Copyright; Contents; Acknowledgements; Table of Cases; Table of Treaties and Other Instruments; Table of Materials; List of Figures and Tables; List of Acronyms; Introduction; 1: Introduction; 1 What is Terrorism?; 2 Article 1F and Terrorism; 3 Methodology; 2: Interpreting Article 1F; 1 The Vienna Rule and the Interpretation of Human Rights Treaties; 1.1 The Vienna Rule on Treaty Interpretation; 1.2 The Interpretation of Human Rights Treaties; 2 The Interpretation of Article 1F in the UK.
- 2.1 The Search for an Autonomous Meaning2.2 Dynamic Interpretation; 2.3 The Principle of Restrictive Interpretation; 3 Conclusions; 3: Terrorism as a Crime against Peace, a War Crime, a Crime against Humanity or a Serious Non-political Crime; 1 Terrorism as a Crime against Peace, a War Crime or a Crime against Humanity; 1.1 Terrorism as a Crime against Peace; 1.2 Terrorism as a War Crime; 1.3 Terrorism as a Crime against Humanity; 1.4 Conclusions on Article 1F(a) Crimes; 2 Terrorism as a Serious Non-political Crime; 2.1 Terrorism as a Non-political Crime; 2.2 Terrorism as a Serious Crime.
- 2.3 Conclusions on Article 1F(b) Crimes3 Conclusions; 4: Terrorism as Acts Contrary to the Purposes and Principles of the United Nations; 1 The Early Cases; 2 The UK's Domestic Definition of Terrorism, the EU Qualification Directive and the Court of Appeal; 3 The Supreme Court's Judgment in Al-Sirri; 4 Action against UN Mandated Forces as Acts Contrary to the Purposes and Principles of the United Nations; 5 Conclusions; 5: Responsibility and Membership of a Terrorist Organisation; 1 The Gurung Doctrine; 2 The Problems in Identifying an 'Extreme Terrorist Organisation'
- 3 Towards Convergence with International Criminal Law4 International Criminal Law and the Gurung Doctrine; 5 International Criminal Law and Lord Brown's Formulation of Article 1F Responsibility; 6 Conclusions; 6: The Application of Article 1F; 1 When Article 1F is Raised; 2 The Limb of Article 1F That is Relied upon; 2.1 The Limb of Article 1F Relied upon by the Secretary of State; 2.2 The Limb of Article 1F Raised by Immigration Judges; 2.3 The Limb of Article 1F Relied upon in Relation to SuspectedTerrorists; 3 How Often Article 1F is Raised.
- 3.1 How Often Article 1F is Raised in Relation to Suspected Terrorists4 The Increase in the Application of Article 1F; 4.1 Factors Relevant to the Increase in the ApplicationArticle 1F; 5 Who is Being Excluded under Article 1F; 6 Conclusions; 7: The Exclusion Process; 1 The Exclusion Decision; 1.1 The Referral Process; 1.2 The Collation of Evidence; 2 The Consequences of Exclusion; 2.1 The Relevance of Article 1F for Removal; 2.2 Excluded Individuals in the UK; 2.3 The Right to Appeal; 3 The Appeal; 3.1 Appeal to the Tribunal; 3.2 Appeal to the SIAC; 4 Conclusions; Conclusions; Bibliography.