The Europeanization of International Refugee Law Catherine Dauvergne UBC Faculty of Law photos courtesy of Efrat Arbel, UNHCR, CBSA,

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Presentation transcript:

The Europeanization of International Refugee Law Catherine Dauvergne UBC Faculty of Law photos courtesy of Efrat Arbel, UNHCR, CBSA, truthoverboard.com

Drop in Global Asylum Statistics past 5 years, asylum seekers in industrialized countries down by half past 5 years, asylum seekers in industrialized countries down by half 336,000 asylum claims last year 336,000 asylum claims last year Canada: lowest since 1985; EU lowest since 1988 Canada: lowest since 1985; EU lowest since 1988 per capita top receiving countries: Cyprus, Austria, Sweden, Norway and Switzerland per capita top receiving countries: Cyprus, Austria, Sweden, Norway and Switzerland Canada, US, Australia and NZ considerably lower than European countries Canada, US, Australia and NZ considerably lower than European countries

Context of Global Crackdown begins in the early 1990s begins in the early 1990s changes in Australia, Canada, France, Germany changes in Australia, Canada, France, Germany coincides with the signing of the Amsterdam Treaty in the European Union coincides with the signing of the Amsterdam Treaty in the European Union importance and unimportance of September 11, 2001 importance and unimportance of September 11, 2001

Moving Towards a Common European Asylum System now poised to begin phase two now poised to begin phase two April 2004: Qualification Directive April 2004: Qualification Directive a reading of the Refugee Conventiona reading of the Refugee Convention subsidiary protectionsubsidiary protection December 2005: Procedures Directive December 2005: Procedures Directive safe third country imperativesafe third country imperative interviews, legal aid, appealsinterviews, legal aid, appeals consequences of a minimum standards approach, state practice and the reading of international law consequences of a minimum standards approach, state practice and the reading of international law

Canada in Context exclusions exclusions legal aid legal aid Refugee Appeal Division Refugee Appeal Division interpretative instructions interpretative instructions Safe Third Country Agreement Safe Third Country Agreement