The criteria for determination of refugee status in International Law: a critical appraisal

Eishan Jan, Mohammad Naqib (2011) The criteria for determination of refugee status in International Law: a critical appraisal. Journal of Applied Sciences Research, 7 (13). pp. 2292-2304. ISSN 1819-544X

PDF (The criteria for determination of refugee status in International Law) - Published Version Restricted to Repository staff only Download (126kB) | Request a copy

Abstract

he twenty first century has witnessed disastrous events in different parts of the world causing millions of people to leave their countries of origin hoping to seek refuge and protection against ‘persecution’ from other countries. However, their hopes are often shuttered when their status as refugees is not recognised and thereby effectively denied protection which international refugee law accord to them. One of the reasons for inaccessibility to refugee status in most of the host states is the adoption of restrictive interpretation of the criteria for the determination of refugee status that are laid down in the 1951 Convention relating to the Status of Refugees as amended by its 1967 Protocol. As will be discussed in this paper, if states have adopted a broader interpretation of these criteria many of the asylum seekers would face no problem in acceding to refugee status and the benefits that accrue from it. Broad interpretation of these criteria, as this paper advocates, would be inline with humanitarian idealism of international refugee law, provide a pragmatic solution to the problem faced by millions of desperate people and uphold the spirit and protective nature of international refugee law.

Item Type:	Article (Journal)
Additional Information:	2866/16225
Uncontrolled Keywords:	Criteria, determination, refugee status, well-founded fear of persecution, United Nations,International law,Convention relating to Refugee Status, Protocol of 1967
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Mrs Maznah Zakaria
Date Deposited:	16 Jan 2012 16:42
Last Modified:	19 Apr 2023 15:44
URI:	http://irep.iium.edu.my/id/eprint/16225

Actions (login required)

View Item