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law in action - migration crisis
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Lecture notes of 1 pages for the course Law in Action at WJEC
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Friday, 11 October 2019The Migration Crisis Explain
Law in Action
- If you’re a refugee you can’t be forced to return to the country as it has high risk.
- Must be allowed to remain until case has been looked into (Can take months)
- Most people coming to Europe are migrants (usually economic) and asylum
seekers - don’t t the category of a refugee.
- Asylum seeker: person seeking to stay in anther country as their country is not
safe
- Irregular/illegal migrants: seeking to enter another country with no authorisation
(visa) to do so.
- Refugees: Convention Relating to the Status of Refugees (1951):
- Article 1A; Someone who is outside their nationality seeking refuge and
is unable to have protection in their own country (reasons such as race,
religion, nationality, membership of social group or political opinion).
- Human Tra cking: Protocol to Prevent, Suppress and Punish Tra cking in
Persons, in Particular Women and Children (Palermo Protocol) 2000.
- Article 3 (a); recruitment, transportation, transfer, harbouring or recite of
persons by means of the threat/use of force (or abduction, fraud,
deception, exploitation).
- Three elements: The act, method and motivation.
- Human tra cking examples: prostitution, slavery, removal of organs, sweat
shops, domestic labour, forced marriage, agricultural labour, sport (e.g. camel
jockeys), adoption, organ transplants, begging, forced criminality, construction,
tourism/hospitality.
Smuggling of human beings (SHB)
- Payment to secure illegal crossing of border & Political motivation
- Article 3: (a) ‘Smuggling of migrants’ = procurement, in order to obtain a nancial
or material bene t of the illegal entry of a person into a State Party of which the
person is not a national or permanent resident.
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