Protection from Refuge: From Refugee Rights to Migration Management

Description

The places in which refugees seek sanctuary are often as dangerous and bleak as the conditions they fled. In response, many travel within and across borders in search of safety. As part of these journeys, refugees are increasingly turning to courts to ask for protection, not from persecution in their homeland, but from a place of 'refuge'. This book is the first global and comparative study of 'protection from refuge' litigation, examining whether courts facilitate or hamper refugee journeys with a particular focus on gender. Drawing on jurisprudence from Africa, Europe, North America and Oceania, Kate Ogg shows that courts have transitioned from adopting robust ideas of refuge to rudimentary ones. This trajectory indicates that courts can play a powerful role in creating more just and equitable refugee protection policies, but have, ultimately, compounded the difficulties inherent in finding sanctuary, perpetuating global inequities in refugee responsibility and rendering refuge elusive.

Kate Ogg is an Associate Professor at the Australian National University. Her research has been published in leading international journals and she is co-editor of the acclaimed Feminist Engagement with International Law. Kate has presented her research at UNHCR Headquarters and given evidence on refugee law to the Parliament of Australia.

'Protection from Refuge is a masterful study of litigation in refugees' journeys, vividly illustrating how demands for sanctuary inevitably reach well beyond mere survival. In doing so, Ogg's insightful contribution provides a critical rejoinder to recent pessimism about law in countering border violence. Her sophisticated work will therefore prove crucial both for theoretical scholars and for strategic practitioners.' Itamar Mann, Professor of Law, University of Haifa 'Kate Ogg's fascinating book opens our eyes to the challenges faced by refugees within countries of purported refuge, as their attempts to secure protection are thwarted in both a physical and a legal sense. It is a compelling and original contribution to refugee law scholarship.' Jane McAdam, Scientia Professor of Law, UNSW Law & Justice 'Challenging orthodox thinking, Ogg provides a unique study of the role played by different national courts along refugees' often precarious journeys. The rich material covered will make this volume indispensable to anyone working on accountability for refugee rights violations. Drawing on theory and concepts from a wide range of other disciplines Ogg further makes an important contribution to our understanding of the concept 'refuge'.' Thomas Gammeltoft-Hansen, Professor WSR in Migration and Refugee Law, University of Copenhagen 'Foregrounding the lived experiences of refugees, particularly women and girls, this readable and meticulously researched book explores judicial relief from places of 'refuge' such as refugee camps or so-called 'safe third countries'. The book is essential reading for policymakers, judges and other decision-makers, scholars and all who care about meaningful refugee protection.' Penelope Mathew, Dean of Law, Auckland Law School