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8 - Elusive Refuge

Published online by Cambridge University Press:  17 March 2022

Kate Ogg
Affiliation:
Australian National University, Canberra
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Summary

In Chapter 8, I reflect on the patterns in the ways decision-makers approach protection from refuge claims. Across the globe, decision-makers have transitioned from sophisticated to impoverished understandings of refuge, from approaches that disrupt containment mechanisms to those that cement them and from decisions that facilitate to ones that impede refugee journeys. I consider the implications this has for refugee law, and the international protection regime more broadly. I discuss how my analysis of judicial approaches that give a rich meaning to the concept of refuge responds to scholars’ identifications of current dilemmas in refugee law. I also consider how the judicial dilution of the concept of refuge poses risks to the future directions of refugee law. In particular, I suggest that decision-makers’ dilution of the notion of refuge risks refugee law developing in an asymmetrical fashion: widening the categories of people entitled to international protection, but diminishing the protection to which they are entitled. Last, I highlight how the analysis in this book adds new dimensions to scholarly assessments of decision-makers’ understandings of gender and intersectionality. Overall, I argue that the trajectory of decision-makers’ approaches to protection from refuge claims has rendered refuge elusive.

Type
Chapter
Information
Protection from Refuge
From Refugee Rights to Migration Management
, pp. 194 - 204
Publisher: Cambridge University Press
Print publication year: 2022

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  • Elusive Refuge
  • Kate Ogg, Australian National University, Canberra
  • Book: Protection from Refuge
  • Online publication: 17 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009024259.009
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  • Elusive Refuge
  • Kate Ogg, Australian National University, Canberra
  • Book: Protection from Refuge
  • Online publication: 17 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009024259.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Elusive Refuge
  • Kate Ogg, Australian National University, Canberra
  • Book: Protection from Refuge
  • Online publication: 17 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009024259.009
Available formats
×