Refugee camps, mostly located in the Global South, host millions of human beings and mirror the overburden and incapacity of humanitarian response. If these places were once supposedly created to aggregate asylum-seekers temporarily, now they have become the norm for prolonged stays where future generations grow.This thesis explores the viability of the UNHCR’s durable solutions for Rohingya Refugees- local integration, resettlement, and repatriation. Moreover, it questions the role of non-state actors when it comes to decision-making in refugee governance. The analysis is conducted through a critical interpretive synthesis. The selected literature was scrutinized and linked to theoretical concepts such as human security, securitization of migration, legal pluralism, and complex interdependence.In summary, the literature analyzed shares a unanimity that, although conditions in the camps are unsustainable for permanent stays, efforts to build better futures for refugees are not being explored enough. This is mainly due to a reluctance of States to accept refugees on behalf of their integrity and security, in the sense that refugees are perceived as threats to their sovereignty. In this sense, potential efforts by non-state actors to provide a sustainable future for refugees fall behind: in a scenario where national security prevails, keeping refugees in the camp seems to be the safest choice.

While there exists in the literature on refugees’ rights a broad consensus on the existence of an overlapping and common ground between IHRL and IRL, gaps continue to exist in state implementation of these two legal systems. Concepts of sovereignty and border control continue to take predominance when refugees are the rights-bearers, and this tendency is more pronounced in the event of complementary protection. This thesis investigated the recent creation of a temporary protection status in the Danish Aliens Act by legal method and political case study to understand the interrelation of these systems, as manifested by the ECHR and the Refugee Convention. The legal analysis revealed the amendments’ misinterpretation of the principle of good faith of treaty interpretation. The political reasoning behind the amendment was used to shed light on domestic alignment with international law, in order to clarify the political and moral function of human rights. It was suggested that the main challenge to such misinterpretations remains the separation of human rights with its inherent moral purpose.

Since 2002, the Canadian state has mandatorily tested applicants for permanent residence for HIV (Human immune deficiency virus). The policy and practices associated with this screening have never been critically scrutinized. Authoritative claims about what happens in the conduct of the immigration medical examination are at odds with the experience of immigrant applicants living with HIV. This is the analytic entry point into this inquiry that is organized within the theoretical and methodological frame offered by institutional ethnography and political activist ethnography. Analysis is connected to broader research literatures and the historical record. The goal of this study is to produce detailed, contextualized understandings of the social and ruling relations that organize the lives of immigrants to Canada living with HIV. These are generated from the material conditions of their lives. An assumption about how organization happens is the social and reflexive production of knowledge in people’s day-to-day lives through which connections between local and extra-local settings are empirically investigable. I investigate the organization of the Canadian immigration process. How is this institutional complex ordered and governed? How is immigration mandatory HIV testing organized, and with what consequences to HIV-positive applicants to Canada? This is a text-mediated organization where all the sites are connected by people’s work and the texts they circulate. The positive result of an immigration HIV test catalyzes the state’s collection of medical data about an applicant. These are entered into state decision-making about the person’s in/admissibility to Canada. I focus on a key component of the immigration process, which is medical examination and HIV testing with this, along with the HIV test counselling practices that happen (or not) there. The reported absence of the latter form of care causes problems and contradictions for people. This investigation adopts the standpoint of these persons to investigate their problems associated with HIV testing. The main empirically supported argument I make is that the Canadian state’s ideological work related to the HIV policy and mandatory screening ushers in a set of institutional practices that are highly problematic for immigrants with HIV. This argument relies on data collected in interviews, focus groups, observations, and analysis of texts organized under Canada’s Immigration and Refugee Protection Act (S.C., 2001, c. 27) and textually mediated, discursively organized concepts that shape people’s practice. Canadian immigration medical policy makers should make use of these findings, as should civil society activists acting on behalf of immigrants to Canada living with HIV. I make nine specific recommendations for future action on HIV and immigration in Canada.

Since 2002, the Canadian state has mandatorily tested applicants for permanent residence for HIV (Human immune deficiency virus). The policy and practices associated with this screening have never been critically scrutinized. Authoritative claims about what happens in the conduct of the immigration medical examination are at odds with the experience of immigrant applicants living with HIV. This is the analytic entry point into this inquiry that is organized within the theoretical and methodological frame offered by institutional ethnography and political activist ethnography. Analysis is connected to broader research literatures and the historical record. The goal of this study is to produce detailed, contextualized understandings of the social and ruling relations that organize the lives of immigrants to Canada living with HIV. These are generated from the material conditions of their lives. An assumption about how organization happens is the social and reflexive production of knowledge in people’s day-to-day lives through which connections between local and extra-local settings are empirically investigable. I investigate the organization of the Canadian immigration process. How is this institutional complex ordered and governed? How is immigration mandatory HIV testing organized, and with what consequences to HIV-positive applicants to Canada? This is a text-mediated organization where all the sites are connected by people’s work and the texts they circulate. The positive result of an immigration HIV test catalyzes the state’s collection of medical data about an applicant. These are entered into state decision-making about the person’s in/admissibility to Canada. I focus on a key component of the immigration process, which is medical examination and HIV testing with this, along with the HIV test counselling practices that happen (or not) there. The reported absence of the latter form of care causes problems and contradictions for people. This investigation adopts the standpoint of these persons to investigate their problems associated with HIV testing. The main empirically supported argument I make is that the Canadian state’s ideological work related to the HIV policy and mandatory screening ushers in a set of institutional practices that are highly problematic for immigrants with HIV. This argument relies on data collected in interviews, focus groups, observations, and analysis of texts organized under Canada’s Immigration and Refugee Protection Act (S.C., 2001, c. 27) and textually mediated, discursively organized concepts that shape people’s practice. Canadian immigration medical policy makers should make use of these findings, as should civil society activists acting on behalf of immigrants to Canada living with HIV. I make nine specific recommendations for future action on HIV and immigration in Canada.

Since 2002, the Canadian state has mandatorily tested applicants for permanent residence for HIV (Human immune deficiency virus). The policy and practices associated with this screening have never been critically scrutinized. Authoritative claims about what happens in the conduct of the immigration medical examination are at odds with the experience of immigrant applicants living with HIV. This is the analytic entry point into this inquiry that is organized within the theoretical and methodological frame offered by institutional ethnography and political activist ethnography. Analysis is connected to broader research literatures and the historical record. The goal of this study is to produce detailed, contextualized understandings of the social and ruling relations that organize the lives of immigrants to Canada living with HIV. These are generated from the material conditions of their lives. An assumption about how organization happens is the social and reflexive production of knowledge in people’s day-to-day lives through which connections between local and extra-local settings are empirically investigable. I investigate the organization of the Canadian immigration process. How is this institutional complex ordered and governed? How is immigration mandatory HIV testing organized, and with what consequences to HIV-positive applicants to Canada? This is a text-mediated organization where all the sites are connected by people’s work and the texts they circulate. The positive result of an immigration HIV test catalyzes the state’s collection of medical data about an applicant. These are entered into state decision-making about the person’s in/admissibility to Canada. I focus on a key component of the immigration process, which is medical examination and HIV testing with this, along with the HIV test counselling practices that happen (or not) there. The reported absence of the latter form of care causes problems and contradictions for people. This investigation adopts the standpoint of these persons to investigate their problems associated with HIV testing. The main empirically supported argument I make is that the Canadian state’s ideological work related to the HIV policy and mandatory screening ushers in a set of institutional practices that are highly problematic for immigrants with HIV. This argument relies on data collected in interviews, focus groups, observations, and analysis of texts organized under Canada’s Immigration and Refugee Protection Act (S.C., 2001, c. 27) and textually mediated, discursively organized concepts that shape people’s practice. Canadian immigration medical policy makers should make use of these findings, as should civil society activists acting on behalf of immigrants to Canada living with HIV. I make nine specific recommendations for future action on HIV and immigration in Canada.

Since 2002, the Canadian state has mandatorily tested applicants for permanent residence for HIV (Human immune deficiency virus). The policy and practices associated with this screening have never been critically scrutinized. Authoritative claims about what happens in the conduct of the immigration medical examination are at odds with the experience of immigrant applicants living with HIV. This is the analytic entry point into this inquiry that is organized within the theoretical and methodological frame offered by institutional ethnography and political activist ethnography. Analysis is connected to broader research literatures and the historical record. The goal of this study is to produce detailed, contextualized understandings of the social and ruling relations that organize the lives of immigrants to Canada living with HIV. These are generated from the material conditions of their lives. An assumption about how organization happens is the social and reflexive production of knowledge in people’s day-to-day lives through which connections between local and extra-local settings are empirically investigable. I investigate the organization of the Canadian immigration process. How is this institutional complex ordered and governed? How is immigration mandatory HIV testing organized, and with what consequences to HIV-positive applicants to Canada? This is a text-mediated organization where all the sites are connected by people’s work and the texts they circulate. The positive result of an immigration HIV test catalyzes the state’s collection of medical data about an applicant. These are entered into state decision-making about the person’s in/admissibility to Canada. I focus on a key component of the immigration process, which is medical examination and HIV testing with this, along with the HIV test counselling practices that happen (or not) there. The reported absence of the latter form of care causes problems and contradictions for people. This investigation adopts the standpoint of these persons to investigate their problems associated with HIV testing. The main empirically supported argument I make is that the Canadian state’s ideological work related to the HIV policy and mandatory screening ushers in a set of institutional practices that are highly problematic for immigrants with HIV. This argument relies on data collected in interviews, focus groups, observations, and analysis of texts organized under Canada’s Immigration and Refugee Protection Act (S.C., 2001, c. 27) and textually mediated, discursively organized concepts that shape people’s practice. Canadian immigration medical policy makers should make use of these findings, as should civil society activists acting on behalf of immigrants to Canada living with HIV. I make nine specific recommendations for future action on HIV and immigration in Canada.

States are routinely confronted with conflicting duties of maintaining full respect for human rights, on the one hand, and protecting national security and public safety, on the other. This is not least noticeable when States’ sovereignty and the right to control who enters and leaves their territories clash with the obligation to afford protection to refugees fleeing persecution. Some refugees are bound to be dangerous criminals, presenting a serious threat to national security and public safety in the host State. Refugee law prescribe that allegedly serious criminals must be excluded from refugee protection. However, the principle of non-refoulement, as developed and interpreted under international and regional human rights law, prohibits removal of persons if there is risk for torture or ill-treatment in the country of origin. This thesis explores the fact that a person can be considered fundamentally undeserving of protection under refugee law, while protected against removal under human rights law. Persons like this have fittingly been coined undesirable but unreturnable.      The relationship between the relevant provisions on refoulement and exclusion from refugee protection is examined and analyzed, followed by a recount of the effects that this clash of legal regimes and legitimate interests has on the individuals concerned, on the States, and on the integrity of refugee law. Possible solutions to adverse effects are identified and discussed, including the question of whether the principle of non-refoulement, as understood today, is viable in light of the challenges presented to national security and public safety.

難民問題是一個國際性問題，難民是指居住在自己國籍國家以外，無法或不願返國的個人，由於種族、宗教、國籍、特定社會成員身分，或政治立場遭迫害而有所恐懼。由於難民對移入國造成政治、經濟、文化、社會、教育、安全等方面的衝擊，政府必須規劃難民政策並制定相關法規來因應難民問題。加拿大每年收容難民約25,000人，約收容世界上難民的10%，加拿大在2002年制定「移民及難民保護法」等法規，建立了完整的難民政策，並與聯合國難民署及國際移民組織等單位進行合作，共同協力來解決難民的安置問題。加拿大落實人權治國理念，積極參與國際事務，實質進行難民庇護措施，政府與民間共同合作提供難民保護及協助，並因時制宜的對其難民政策進行調整，以利其國家未來發展。本文以加拿大的難民歷史沿革之架構出發，就加拿大難民政策發展歷程、接納難民現況及難民政策實踐及改革措施作一整理，文末筆者以其研究發現提出建議及結論。 / Refugee problem was recognized as an international issue. The term of “refugee” has been perceived as people who face systematic discrimination on the bases of ethnicity, religion, nationality, and membership in a specific social group with “fear of persecution”. The problem of refugee has fostered an intense debate regarding what changes of political, economic, cultural, educational and secure environments are necessary in refugee-receiving countries to provide effective solutions. In Canada, there are about 25,000 people entered to seek asylum every year – with approximately 10% of all refugees worldwide. In order to deal with refugees’ settlement issues, Immigration and Refugee Protection Act came into effect in 2002. In addition, the Canadian government's effort in cooperating with UNHCR and IOM enables refugees to stay in safety. The dissertation presents historical overview of issues of refugees and provides critical review and discussion on refugee policies in Canada. In the end, the author proposed her personal conclusion and suggestion through the research.

This thesis analyzes the ignored humanitarian concerns in the development of the EU Asylum Policy. As a result of the strict migration control concerns, EU has engaged in forming a new regional refugee protection system which is tacitly based on limiting the access of protection seekers to the EU territories. In that context, the thesis aims to assess the scope and impact of the externalizing tendencies in the EU asylum policy development and thereby aims to attract the attention to the contradiction that EU falls in its human rights and refugee protection commitments while trying to prevent refugees from arriving to the Union&rsquo / s territories. To this aim, after giving a general account of the development of EU Asylum competence, the thesis will extensively deal with the pre-entry and the post-entry access prevention measures which act to serve to this access prevention strategy. Under pre-entry access prevention measures, the thesis will deal with the visa requirement, carrier sanctions and other complementary tools which prevent the protection seekers from ever arriving at the EU territory. Under the post-entry access prevention mechanisms the thesis will analyze the &lsquo / safe third country&rsquo / and &lsquo / host third country&rsquo / implementations and readmission agreements which aim to divert the protections seekers summarily out of the EU territories. In analyzing these policies, the thesis will try to demonstrate how EU Member States try to shirk their non-refoulment obligation, which is the heart of the refugee protection regime, through applying legitimate deemed means.

La France a mis en place en juillet 2015 une réforme en vue de transposer le nouveau « paquet asile » européen alors que le Canada a renforcé depuis décembre 2012 ses procédures d’asile en adoptant des changements ayant essentiellement pour objet de lutter contre les abus du système d’asile canadien. En s’orientant vers des politiques dissimulées visant les expulsions expéditives des demandeurs d’asile déboutés et des personnes indignes de la protection, la France et le Canada, connus en tant que terre d’asile, respectent-ils toujours leur obligation international du non-refoulement ? Cette thèse s’appuie sur les lois en vigueur des deux États notamment le Code de l’entrée et du séjour des étrangers et du droit d’asile (France) et la Loi sur l’immigration et la protection des réfugiés (Canada), les jurisprudences nationales et internationales, et les textes internationaux. Elle met en lumière les pratiques et législations nationales relatives à l’octroi de l’asile et à l’éloignement des demandeurs d’asile et des réfugiés qui peuvent ou pourraient porter atteinte au principe de non-refoulement, tel que consacré par le droit international des réfugiés ainsi que par le droit international des droits de l’homme / In July 2015, France adopted an asylum reform bill in order to transpose the EU asylum legislative package. In comparison, Canada has, since 2012, strengthened its national asylum procedures by introducing a number of changes with the objective of preventing the abuse of Canada’s inland refugee determination system. In moving towards hidden policies aimed at the efficiency of removals of failed refugee claimants and persons unworthy of international protection, are France and Canada, known as safe havens, respecting their international obligations of Non-Refoulement ? This thesis focuses on the laws in force in both States in particular the Code of the Entry and Stay of Foreigners and Asylum Law (France) and the Immigration and Refugee Protection Act (Canada), national and international jurisprudence, and other relevant international documents. The present study aims at highlighting the national legislations and practices relating to the grant of asylum and the expulsion of asylum seekers and refugees which violate or could violate the Principle of Non-Refoulement as enshrined in both International Refugee Law and International Human Rights Law