#jessica schultz

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The New Plan for Immigration and the risks of extending temporary protection status

This blog was contributed by Jessica Schultz,  Senior Researcher at the CHR Michelsen Institute. It was originally published by the Refugee Law Initiative Blog on 12 May 2021. 

One strategy in the New Plan for Immigration to combat ‘illegal entries’ is to offer a “new temporary protection status” for refugees who arrived in the UK without visas, typically by lorry or boat. These refugees provided they “reasonably could have claimed asylum in another safe country,” will be considered inadmissible. Until removal is possible, a refugee will be granted permission to remain for a period no longer than 30 months, after which he or she will be reassessed for return to the country of origin or removal to a third state. Family reunification rights and access to public support will be limited. In other words, the terms of “asylum” seem inspired by Discretionary Leave, which is a non-protection-based category in existing UK law. [Read more here.]

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The end of protection? Cessation and the “return turn” in refugee law

This piece was written by Jessica Schultz, a Post-Doctoral legal researcher at the University of Bergan. It was published by the EU Immigration and Asylum Law and Policy blog on 31 January 2020. 

With increasing enthusiasm, European states are reviving the Refugee Convention’s cessation provisions in service of their return-oriented refugee policies. This practice threatens the careful balance established by refugee law between the security of refugee status, on the one hand, and its impermanence on the other. 

This short piece reviews the legal requirements for cessation of refugee status as well as how the focus on return distorts their application. Through the lens of Norwegian practice, it is possible to see how reliance on an internal protection alternative (IPA) and non-state actors of protection dilute the requirement of durable protection, especially for women and children.

As cessation practice becomes a more normalized part of refuge administration in Europe and elsewhere, it is essential that decision-makers uphold the distinction between protection from return or non-refoulement, and cessation of refugee status. The article continues to discuss in detail how cessation application requires authorities to consider beyond the risk of persecution and serious harm. [Read the article in its entirety here.]

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Nick & Jessica Schultz

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