Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-22T04:13:52.425Z Has data issue: false hasContentIssue false

1 - Journeys in Search of Refuge

Published online by Cambridge University Press:  17 March 2022

Kate Ogg
Affiliation:
Australian National University, Canberra
Get access

Summary

I start with reference to refugee journeys and how they are rarely linear but are instead ‘fragmented’ because of poor conditions in many places of ostensible refuge and states’ containment mechanisms. I highlight that there has been little consideration of the role litigation plays in refugee journeys. This is despite refugees increasingly turning to courts to seek protection, not from persecution in their home country, but from a place of ‘refuge’. While there are myriad studies of how courts interpret refugee definitions, in this first global and comparative study of protection from refuge jurisprudence, I examine how judges approach the remedy: refuge. Using feminist approaches to international law,I also consider whether these judicial approaches assist or hinder refugees’ (or particular refugees’) journeys towards a safe haven with a particular focus on gender but also intersectional factors such as youth, disability, sexuality and parenthood. I argue that when protection from refuge claims first come before decision-making bodies, judges adopt rich and robust ideas of refuge. However, most of these victories have been ephemeral. Decision-makers reverse or dilute initial successes and adopt rudimentary understandings of refuge. This trajectory transforms these judgments from refugee protection to migration management decisions.

Type
Chapter
Information
Protection from Refuge
From Refugee Rights to Migration Management
, pp. 1 - 20
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Journeys in Search of Refuge
  • Kate Ogg, Australian National University, Canberra
  • Book: Protection from Refuge
  • Online publication: 17 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009024259.002
Available formats
×

Save book to Dropbox

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 Dropbox.

  • Journeys in Search of Refuge
  • Kate Ogg, Australian National University, Canberra
  • Book: Protection from Refuge
  • Online publication: 17 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009024259.002
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.

  • Journeys in Search of Refuge
  • Kate Ogg, Australian National University, Canberra
  • Book: Protection from Refuge
  • Online publication: 17 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009024259.002
Available formats
×