US Immigration Law

Nowadays most of the countries face some frictions either inside the country or from outside. These tension usually extends to the all sphere of human beings . The  magnitude of such problems sometimes lead to the drifting the people away from their countries to another  in order to save their life . In such conditions ,normally all the second countries protect the interest  of such escaped people.

So the people who are, not willing to return to their country because of the fear of mal treatment on the basis of nationality, religion, race, political opinion, or membership in a particular social group granted with asylum by the second country. Once they were granted with the asylum, they are able to live and work in that country and also they can apply for permanent resident status . But the stipulation is, one year time should be over after granting the asylum. The aspect of asylum always related the refugees.

Refugee can be termed as the person who flees to the foreign country, for the refuge or safety . But so called flees should at the time of war or any other turmoils. All the refugees are the persons recognized under the Refugee Convention 1951. (1999,United Nations High Commissioner for Refugees) (1)The Convention defines the  refugee as a  “person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion,

———————————————————————————————————– 1. Statistical Overview (1999) United Nations High Commissioner for Refugees 2 is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country. ”(1951, Refugee Convention)(2) The convention has made the provision in order to protect the people at risk of discrimination in their own countries.

UK, recently introduced some fundamental changes in the Immigration rules in order to extend its scope regarding the granting asylum and refugee status. These rules implemented the domestic law by the refugee or person with regard to the International Protection Regulations and as per this, all the issues related to the asylum and abuse of asylum will be determined under these rules and regulations. (3) (Council Directive 2004/83/EC , 2006) Even though the asylum countries vow to protect the interest of the countries, there is always dispute regarding the ratification by the Refugee Convention .

In order to avail the refugee status, that status should be approved by the Refugee Convention 1951. In recent years a number of refugee countries are seeking permission under the convention to live with refugee status. It can be seen that the Convention played a significant part in the   countries like Afghanistan, Sudan, and Syria,Uganda,Iran etc    in determining such countries are under the refugee Council Directive 2004/83/EC (the 'Qualification Directive'),( 2006)

Refugee or Person in Need of International Protection (Qualification) Regulations 9 October ,2006 (SI 2525/2006) 4 convention or not. Hence the refugee countries must follow some criteria to entertain the refugee status under the Convention. Such issues mainly applied, if we say, in the Asian countries like Iraq and Afghanistan. Before analyzing the role of Convention and the status of these countries, we shall jog our memory to the features and restrictions of the Refugee Convention 1951.

Refugee Convention 1951(QA) The Refugee convention 1951 is still relevant in 21st centaury in spite of the fact that it is emerged at the time of cold war, is completely covered with the scope of protection of the refugees from the member countries. At present there are 147 member states under the Convention. The convention based on the principle of “non-refoulment” i. e. the asylum country/state shall not expel or return the refugee to the home country where he fears the threat to himself.

(Refugee Convention,1951)(4)Such  threats as per the convention should cause well founded fear of persecution  by his/her religion, race, nationality or particular social group and he/should not be able to extend their life under such persecution as well as it prevents him/her to return  home country. So we can say, the convention involves the basic human rights which are equivalent to the freedom of foreign nationals and to some extend, the rights enjoyed by the citizens . Whether it is of religion, education, movement etc, the convention urges the member

Convention, 1951 5 states to ensure all these constitutional fundamental rights to the refugees. (Refugee Convention, 1951Art. 22)But all the refugees is bound to obey the rules and regulations of that country. As mentioned above,   though the Convention ratifies almost all the status of the refugees, there are some refugees can not entertain the benefit of the scope of his status subjected to some restrictions. The Convention in following cases does not grant any kind of refugee status to the asylum seekers.