Protection from Refuge: From Refugee Rights to Migration Management

Refugees are increasingly turning to courts for protection, but the book argues that courts have transitioned from robust ideas of refuge to rudimentary ones, perpetuating global inequities in refugee responsibility and rendering refuge elusive.

Format: Paperback / softback
Length: 231 pages
Publication date: 16 November 2023
Publisher: Cambridge University Press

Refugees often find themselves in perilous and desolate conditions, fleeing from the very threats they seek to escape. In their quest for safety, they traverse borders, seeking refuge in different parts of the world. As part of their journey, refugees increasingly turn to the legal system, seeking protection not only from persecution in their homeland but also from a place of safety. This book is a groundbreaking global and comparative study of protection from refuge litigation, examining whether courts facilitate or hinder refugee journeys, particularly with regard to gender. Drawing on jurisprudence from Africa, Europe, North America, and Oceania, Kate Ogg demonstrates that courts have undergone a significant shift, moving from robust ideas of refuge to rudimentary ones. This trajectory suggests that courts have the potential to play a vital role in shaping more just and equitable refugee protection policies, yet they have inadvertently exacerbated the challenges inherent in seeking sanctuary, perpetuating global inequalities in refugee responsibility and making refuge elusive.

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.

ISBN-13: 9781009011082