Refugee Law is a succinct guide to Canadian refugee law, policy, and procedure for law students, legal practitioners, paralegals, and NGO staff. The book describes the formal statutory and regulatory bases of the law as it applies to the protection of individuals who are "Convention refugees" as well as other categories of individuals who are in need of protection due to a potential violation of their human rights abroad. It includes discussion and analysis of the policies, processes, and practices that are used to determine refugee law issues. The organization of the book roughly represents the arc of a refugee claim in Canada or abroad: the application, the assessment, the determination of status, and the consequences of a grant or refusal of refugee protection. Refugee Law examines the core international treaties that influence Canadian law and policy; provides a detailed description of the principles governing refugee protection decision-making; details the procedures to be followed for overseas refugee processing and inland refugee determination; describes the role of counsel during the application process and at refugee hearings, as well as issues of professional responsibility related to that role; outlines the steps that usually follow a negative refugee determination, either before the Immigration and Refugee Board or by an immigration officer in Canada or abroad; offers insight into some of the ongoing debates in Canadian (and international) refugee law; and looks at Canadian refugee law and its relation to refugee law elsewhere in the world. While Canadian refugee law has emerged as an independent branch of law, this book does not present it as operating in isolation. Rather, the book treats refugee law as a system subject to the internal logic and integrity of immigration law, to which it is closely tied.
About the authors
Martin Jones (B.A., Queen's; B.A. Hons., Queen's; LL.B, UBC) practiced as an immigration and Refugee Lawyer for seven years. He is presently a doctoral candidate at Osgoode Hall Law School and a recipient of a Canada Graduate Scholarship awarded by the Social Sciences and Humanities Research Council. He is also a research associate at York University's Centre for Refugee Studies and a guest lecturer for the Centre's Summer Course on Refugee Issues. He was a visiting scholar at the Institute for the Study of International Migration at Georgetown University and at the Program in Refugee and Asylum Law at the University of Michigan. He has taught immigration and refugee law at Queen's University (Canada) and the University of East London (UK). Martin is the managing editor of Refuge, a scholarly periodical on refugee issues.
Sasha Baglay (LL.B, Kiev National Economic University; LL.M in Comparative Constitutional Law, Central European University; LL.M, Dalhousie) is an assistant professor at the Faculty of Criminology, Justice and Policy Studies at the University of Ontario Institute of Technology and an adjunct professor at Osgoode Hall Law School. She is a Social Sciences and Humanities Research Council doctoral fellow. Sasha has been involved in refugee work with various non-governmental organizations, including the Halifax Refugee Clinic. She has worked with refugee claimants at various stages of refugee determination process and represented a number of claims before the Immigration and Refugee Board of Canada. She has presented widely on the issues of Canadian and comparative immigration and Refugee Law and policy.