Research Handbook on International Refugee Law
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Research Handbook on International Refugee Law

Edited by Satvinder Singh Juss

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
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Chapter 10: Gatekeepers of asylum: UK country guidance, indiscriminate violence and internal relocation

Satvinder S. Juss and Jeni Mitchell

Abstract

The chapter focuses on a critical yet under-examined element of the UK asylum process whereby the Home Office routinely deports failed asylum seekers to their country of origin, including to some of the most dangerous countries in the world, such as Afghanistan, Iraq and Somalia. This policy is facilitated by an under-appreciated element of asylum law and policy: the country guidance notes produced by the Home Office, which provide country of origin information (COI) and legal guidance to assist decision-makers throughout the asylum process. One of the most important elements of a Country Policy and Information Note (CPIN) is the determination of whether a state of indiscriminate violence exists in all or part of a given country. The chapter examines the role of country guidance notes in the asylum process and their primary failings. The chapter then scritinises interrogate the conceptual basis underlying 'indiscriminate violence' and its facilitation of internal relocation.

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