Global ETD Search

11	Assessing security and IPA in Afghanistan : A comparative case study on the assessment of security and internal protection alternative in Sweden and Norway Kjellberg Stjernström, Ida January 2020 (has links) It is common by states to deny asylum for asylum-seekers with the argument that the applicant could find protection within their own country of residence instead of receiving international protection. This is called internal protection alternative (IPA). This research is a comparative case study and aims to explore and compare two neighbouring countries, Sweden and Norway, on how their immigration authorities differ in their assessment on both the security situation and IPA in Afghanistan. Furthermore, this thesis aims to compare the Swedish and Norwegian immigration authorities with international laws, agreements and guidelines which, therefore, is the conceptional framework for this research. This study concludes that IPA is not mentioned in the 1951 Refugee Convention and that there are no clear directives on how to apply it. States tend to interpret the already existing laws and guidelines in their own way. The result of this is that there are differences between states practice and the consequence could be that asylum-seekers could receive different assessments and decisions from different countries. This research is, therefore, highly relevant from a humanitarian- and academia perspective as it highlights differences in national practice which is crucial since these differences will affect the refugee situation of individuals and the possibility of obtaining asylum. Afghanistan Security Internal Protection Alternative Asylum Swedish Migration Agency Norwegian Directorate of Immigration UDI EASO UNHCR International law the 1951 Refugee Convention the Directive 2011/95/EU Political Science Statsvetenskap
12	Förvaret : En kvalitativ intervjustudie med handläggare på Migrationsverket / Detention Center : A qualitative interview study with the staff at the Migration Agency Rahimi, Summi January 2018 (has links) There are five detention centers in Sweden (in swedish ”förvaret”), were asylum seekers and migrants are held in custody until the Migration Agency has completed their investigation and concluded who are allowed to remain in Sweden and who should return/sent back to their home countries. The detainees are taken into detention centers because the state and authorities are afraid that they will ”go under ground”. This study has been based on the primary empirical data provided by semi-structured interviews. These have then been analysed with a narrative methodology, and in interaction with relevant literature as secondary data. Seven staff members at the detention center in Flen have been interviewed. Erving Goffman´s theory about ”total institutions” and Michael Foucault´s theory about power and its exercise have been used as theoretical basis for the analysis. The purpose of this study is to investigate how the staff members in the detention center in Flen works, how the staff experience their duties and what opportunities there are available for the detainees. The following questions should be answered: (1) How does the staff work in the detention center and how does the interaction between the detainees and the staff look like? (2) How the detention center affects detainees health and what kind of care is available for detainees? (3) What do the staff consider of the criticisms against the detention centers? In summary, the empirical base shows that (1) the staff at the detention center (in Flen) have two different roles, first to help detainees who feel bad or are sick and also to persuade the detainees to cooperate and leave the country voluntarily. The interviewers stated that some of the detainees do not want any contact with the staff, while others are more open to it. (2) The main aim of the staff is to treat the detainees within the walls of the detention center, however, when the resources are insufficient. When more serious problems arise the detainees are offered care outside the detention center. (3) The interviewed staff members held the opinion that the criticism of the detention centers is wrong and unfair. Their conviction was that the lawmakers have decided that these detention centeras are needed and that they trust their decisions, detention centers are part of the asylum process, that the staff only trying fulfill their duties, detention centers are the result of the policy that people voted for in general elections. Förvaret Migrationsverket asylsökande förvarstagna personal institution interaktion kritik Detention center Migration Agency asylum seekers detainees administrators institution interactionism criticism Social Sciences Samhällsvetenskap
13	Verkställighetshinder i utlänningslagen : En studie om reglering och Migrationsöverdomstolens tillämpning av verkställighetshinder som stadgas i 12 kap. utlänningslagen Al-Ameri, Wahab, Al Zaybak, Haitham January 2020 (has links) Some expulsion decisions cannot be executed due to the existence of deportation impediments, which in this case means that foreigners are in a legal limbo in such a way that they have neither the right to stay nor the opportunity to leave Sweden. The regulation of deportation impediments is found in Aliens Act (2005:716), but it is the application of these regulations that determine how specific cases are assessed, why it is highly relevant to study said cases. The essay deals with political, practical and medical impediments, found in Chapter 12 of the Aliens Act, in order to establish the applicable law, and by analyzing ten court cases from the Migration Court of Appeal, study how the court assesses the Swedish Migration Agency's application of these legal barriers. The provisions being studied are chapter 12 1-3 §§ Aliens Act, concerning political impediments, chapter 12 18 § Aliens Act, concerning practical and medical impediments, and also chapter 12 19 § Aliens act which establishes the possibility of a new trial in a case. The applicable law is established through a legal dogmatic method, and the legal cases from the Migration Court of Appeal are analyzed using a legal sociological method. The study concludes that political impediments are weighed heaviest in comparison to medical and practical impediments, due to the latter two not being derived from international conventions or instruments as opposed to political impediments. Furthermore, it is easier to present evidence when invoking political impediments, as evidentiary requirements are set lower than those for practical and medical impediments. At the same time the individual has an opportunity to be granted a new trial if he or she invokes a new condition that concerns political impediments, while a new trial cannot be granted if the individual invokes medical or practical impediments. The provisions concerning practical and medical impediments should therefore be developed or amended in such a way that they are adapted to the circumstances that may arise in these cases. It is also concluded that the Swedish Migration Agency's investigation and interpretation of these impediments must be more comprehensive. It must be adapted to the conditions referred to in the case, due to the application of these provisions being complex and requiring the Swedish Migration Agency's staff to be well trained and accurate in each individual case. Migration Court of Appeal Swedish Migration Agency law legal limbo leave Sweden refugee Refugee Convention verkställighetshinder utlänningslagen 12 kap. wahab al-ameri Offentlig Rätt Södertörns högskola migrationsöverdomstolen migrationsdomstolen migrationsverket asylsökande migrationsrätt svensk migrationsrätt juridik wahab flykting Kandidatuppsats återvändande uppehållstillstånd Haitham Al Zaybak (2005:716) juridiskt limbo flyktingkonventionen Genèvekonventionen Law Juridik

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