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Notes -
Slightly oddly, the Refugee Convention doesn't say anything about applying for asylum at all - it assumes that everyone already knows who the refugees are and that they are already in their destination countries. This makes sense given the historical context, which is that the Refugee Convention was written to cover the specific situation of post-WW2 refugees who couldn't be repatriated for various reasons. The Refugee Convention was never fit for purpose as the a forward-looking instrument and the body of refugee law that has built up around it is incoherent as a result. I have an effortpost planned on this point once my sons stop bringing viruses into the house.
The idea that refugees have to apply for asylum in the first safe country comes from a misreading of Article 31 of the Refugee Convention, which says that refugees can't be penalised for illegally entering a country if they are crossing from a dangerous country to the first safe country. But a refugee doesn't cease to be a refugee just because they illegally cross from one safe country to another - the second safe country can prosecute them for illegal immigration but this doesn't solve the problem that you can't (without violating the Refugee Convention) get rid of them without finding another safe country willing to take them.
My understanding is from the below link, which states (emphasis mine):
https://www.udi.no/en/word-definitions/cooperation-under-the-dublin-regulation/#:~:text=The%20Dublin%20Regulation%20is%20an,the%20collaboration%20as%20Dublin%20countries.
Maybe I am misreading, so I encourage you to post on it.
Exactly - the Dublin regulation says that if an asylum seeker illegally moves from one EU country to another, then they can be returned and, critically, the EU country with primary responsibility is obliged to take them back. If a genuine refugee, they don't cease to be a refugee (the country with primary responsibility considers their application for asylum in the same way as if they hadn't crossed the second border), and they can't be sent back to a dangerous country. There is a similar arrangement between the US and Canada. There could probably be a similar arrangement between the US and Mexico if the US offered the Mexicans a large enough bribe - probably in the form of a large number of visas for Mexican citizens.
The reason why the US can't just deport every Salvadorean asylum seeker who entered through Mexico back to Mexico is that Mexico is a sovereign state and doesn't have to accept them. A huge part of the problem with modern-day refugee law is that every country with a lot of refugees inside its borders is by default trying to get them to illegally enter another country so they aren't their problem any more. (The reason why the US can't just deport them back to El Salvador is a matter of American laws implementing the Refugee Convention).
Involuntary relocations of refugees from one safe country to another (negotiated between the two countries) were a common part of immediately-post-WW2 practice, and are explicitly contemplated by the Refugee Convention in certain situations.
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So it was written for the world wars specifically, by countries which were only beginning to establish a “rules based international order,” when the technological gulf between the first and third worlds was at its peak. And then expanded to everyone by the 1967 amendment. That explains a lot.
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Looking forward to the post, and best of luck with building up that immune system!
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So declaring these people to by blanket not be real refugees is totally possible?
Of course it is. We can declare anyone to be anything. We could declare them to be attack helicopters and ship them off to the front lines in Ukraine. But we would be lying if we did that.
Under both the ordinary English and the technical legal meaning of "refugee", a refugee does not cease to be a refugee if they illegally cross a border from one safe country to another - they just become a refugee who has committed the crime of illegal immigration. The countries that ratified the Refugee Convention said that we were taking "deportation to a dangerous country" off the list of possible punishments for refugees who commit ordinary crimes. (The Refugee Convention includes an exception for refugees guilty of a "particularly serious crime", although judicial interpretations of ECHR Article 3 and, as far as I am aware, the US Constitution don't).
You can declare that you are not going to grant any kind of legal long-term residence to refugees who illegally enter your country from another safe country (and the UK tried to do this) but it won't be effective unless you can find another safe country to deport them to (as the UK tried and failed to do with Rwanda), or violate the Refugee Convention by deporting them to an unsafe country.
I mean, refugee doesn’t have an actual definition, declaring Kurds crossing the border from Belarus to not be real refugees isn’t a lie.
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