Digital Evidence in Refugee Status Determination

The rapid development of the use of digital technologies has facilitated access to digital information and evidence. This information and digital evidence are obtained via the Internet, social media or satellite. And may be used to investigate violations of human rights and international criminal law. Therefore, there is a problem of rebalancing between the right to privacy and the use of information and digital evidence in the investigation of violations of human rights and international criminal law. This study has objective of unified universal principles that set out the origins and rules for the use of information and digital evidence in the investigation of violations of human rights and international criminal law. In order to ensure international and national justice and criminal accountability and to document all violations of human rights and international criminal law. The analytical approach will be used through analysis of previous studies on the use of digital information and evidence in the investigation of violations of human rights and international criminal law. And analysis of the Berkeley Protocol on Open-Source Digital Investigations. Several findings and recommendations were reached in this paper, the most important of which is the need for the international community to recognize the information and digital evidence obtained to demonstrate violations of human rights and international criminal law.

Procedural fairness in automated asylum procedures: Fundamental rights for fundamental challenges

The Comprehensive Plan of Action (CPA) was adopted in response to continued refugee exodus from Vietnam and the resulting political consequences of what had become a protracted international dilemma. The approach inherent in the CPA was to address in a comprehensive manner all aspects of the problems relating to the Vietnamese Boat People (VNBP), including the causes of their flight. Unlike most other refugee situations, this required the co-operation and participation of the country of origin. Many of the features of the CPA required the participation of the United Nations High Commissioner of Refugees (UNHCR), most notably its active involvement in refugee status determination in countries which had no previous experience in this regard. The objectives of the CPA were to end the flow of non-refugees, determine on an individual basis the refugee status of all VNBPs arriving in first asylum camps, resettle refugees to third countries and return non-refugees to the country of origin. Mass information campaigns in Vietnam were used to explain the CPA and the possibility of legal departure under the Orderly Departure Programme. The main feature, on which all the other elements rested, was the Refugee Status Determination (RSD) of asylum seekers who arrived in first asylum countries after an agreed cut-off date (March 1989). Previously, Vietnamese fleeing their country were resettled under an arrangement agreed by governments participating in the 1979 Geneva Conference. The adoption of the CPA in 1989 brought an end to automatic resettlement and required that all VNBPs arriving after the cut-off date be screened to determine their individual refugee status. Many found this extremely difficult to accept, particularly the Vietnamese Boat People themselves, given the previous fifteen years' practice. It was critical to the success of the CPA that Refugee Status Determination proceedings be fair and that the special historical circumstances of the VNBPs were taken into account. The political environment in which the CPA was drafted recognized that the refugee definition contained in the 1951 UN Refugee Convention and 1967 Protocol would guide the RSD proceedings, but that account should also be taken of other international instruments relating to refugees. It was furthermore acknowledged that humanitarian consideration should be given to the particular situation of the Vietnamese, and that there be respect for maintaining family unity. Interpretation regarding the weight given to each of these factors dictated the screening process and created controversy among the various interested parties. Non-governmental organizations, in particular, felt that increased weight should be given to the humanitarian aspects of the CPA. Others, particularly resettlement countries, were concerned about a too liberal interpretation of the refugee definition and an elastic application of the principle of family unity. In addition, positive changes in Vietnam made it necessary to put increased weight on the requirement to show a well-founded fear upon return. UNHCR was given the task of monitoring the procedures and training the government officials who were to screen the asylum seekers. This paper examines the factors contributing to the RSD process, analyzes their significance and assesses the results of the RSD exercise.

This study aimed to explore the ecological influences on subjective well-being identified by current and former community-dwelling asylum seekers engaged in the process of Refugee Status Determination in Australia. This article presents the qualitative component of a prospective mixed-methods study of 131 asylum seekers and refugees (T1, N = 131; T2, N = 56). The Framework Analysis method was employed to qualitatively analyse the narrative data derived from 187 semi-structured interviews documenting pre-, peri-, and post-migration experiences, and the impact of Australia's asylum policies and procedures. Four overarching themes comprising 15 sub-themes emerged: The Refugee Status Determination process (Waiting; Uncertainty; Worry); Psychosocial factors (Un/employment & gainful activity; Medicare; Accommodation; Family separation & loneliness; Loss); Health and well-being (Mental health; Physical health & somatic issues; Hopelessness; Helplessness); and Protective factors (Hope; Support & social connectivity; Religion). The complex interface between the Refugee Status Determination process, un/employment, and mental health concerns was the most salient finding. Policy implications are discussed in relation to the application of the Convention and Protocol Relating to the Status of Refugees and the Guidelines on the Judicial Approach to Expert Medical Evidence.

Since Amnesty International's March 1993 report, ‘Japan: Inadequate Protection For Refugees And Asylum Seekers’ (also published in 5 IJRL 205), refugee status procedures in Japan have received wider attention. The present paper contains the government response to the report (Annex 1), but also aims to provide more detailed information on the decision-making process and the treatment of asylum seekers in Japan. It explains the basic provisions of the Immigration Control and Refugee Recognition Act (text attached as Annex 2), and describes a number of factors, including the experience with Indo-Chinese boat-people, as well as the determination practice of other countries, that were taken into account in drafting the legislation. In the coming years, each government will need to recognize the spirit of international solidarity and equitable burden-sharing, and to behave accordingly. To make such a realistic approach more effective, it is essential to nurture and maintain reliable and complementary relations among governments, international organizations and non-governmental organizations. The author suggests that this is not likely to be achieved through ‘alienating’ governments by insisting mat what is not legally binding be implemented by them as obligations under the Convention. Instead, discussion should focus on ways to minimize the exodus of refugees, to contain the effects as much as possible once such exodus has occurred, and to find equitable burden-sharing among international actors

The five-minute film Mouth of a Shark (Isobel Blomfield, 2018) conveys a young woman’s experiences and precarious situation while she awaits an outcome on her refugee status determination in Australia. Aasiya (pseudonym) lives in community detention. Her interest in creating the film stemmed from her own acknowledgement that she had a platform as a young, literate asylum seeker woman with a “strong” story, and was therefore in a position to portray asylum seekers in a positive light. However, she cannot be identified in the film, even though it depicts her story, due to concerns over safety and her claim for asylum. We use this example to illustrate issues of anonymity and representation, and suggest strategies in line with our commitment to avoid depersonalising tropes in filmmaking. While we are committed to ensuring that people from refugee and asylum seeker backgrounds exercise agency in filmmaking, protecting Aasiya’s identity had to prevail. We wanted to avoid depersonalising tropes, and instead devised filming strategies that were more respectful of the protagonist and, within the constraint of anonymity, ensured that Aasiya could still represent her story in meaningful ways. We argue for an ethical model that reconciles the need for both anonymity and representation in filmmaking, especially through collaborative editing.

The legal system must adapt to rapidly evolving technologies, balancing human rights protection, particularly privacy and fair trial rights, with efficient crime prevention. Digital evidence collection requires constitutional compliance, such as obtaining search and interception warrants, while ensuring confidentiality and dignity. A key challenge is maintaining the authenticity of digital evidence through a proper chain of custody and technical expertise to prevent alteration. Digital evidence enhances criminal justice efficiency by enabling rapid data collection and analysis, but challenges like data overload and statutes of limitations persist. The rights of the accused, including defense and presumption of innocence, must be upheld in digital cases amidst global issues like inter-jurisdictional data access and international treaty compliance. This paper examines how digitization has driven global legal systems to adopt digital evidence, highlighting authentication challenges and the need for Bosnian and Herzegovinian legislators to revise laws based on the European Court of Human Rights and Constitutional Court jurisprudence. Through case studies from Bosnian and Herzegovinian courts and prosecutors’ offices, the paper illustrates both effective and problematic practices in handling digital evidence.

O solicitante de refúgio se define enquanto categoria migratória a partir do processo de elegibilidade para o reconhecimento da condição de refugiado. O que, a princípio, seria necessariamente uma etapa migratória, de caráter provisório, costuma adquirir, em muitos casos, matizes de permanência, submetendo os migrantes que se encontram no trâmite do processo de elegibilidade às implicações próprias de tal categoria. O objetivo com o presente trabalho é propor, a partir da base de dados do CONARE, uma forma de se mensurar o tempo que os solicitantes de refúgio permanecem nessa condição migratória atualmente no Brasil e avaliar qualitativamente as implicações de tal cenário. Como resultados, percebe-se um aumento expressivo e contínuo no tempo de permanência na condição de solicitante de refúgio de 2014 a 2020 quando não se levam em conta os venezuelanos nos dois últimos anos, com um maior percentual de pessoas que aguardam três anos ou mais pela resposta a seu pleito. Identifica-se, como consequência, a exposição a problemas como as restrições do contato com parentes através da reunião familiar e dificuldades em fazer planos de longo prazo exequíveis em decorrência das incertezas inerentes à referida situação migratória. Propõem-se, enfim, reflexões sobre um aparente esforço de redução das solicitações pendentes, com especial atenção à realidade dos migrantes.

This chapter provides an outline of how the Swiss asylum procedure works. It contextualises the current asylum procedure within the history of asylum politics in Switzerland since the 1950s and within broader global developments. Three major trends are discussed: the sharp decline of the recognition rate since the 1980s and with it the emergence of the so-called “fight against abuse”, the proliferation of legal categories and the frequent changes made to asylum law in this same time period, and the development of an ever more specialised asylum administration in Switzerland. The chapter introduces readers to the Swiss Secretariat for Migration (SEM) and its organisational structure as it existed until 2019, the main elements of asylum law that structure SEM officials’ decision-making and to the particular standard of proof in refugee status determination.

Background: Most asylum seekers experience stress, not only due to the reason for fleeing and their travel but also due to their compulsory stay in the asylum seeker center in the Netherlands and the asylum procedure. This often leads to self-medication and addiction which causes lower self-esteem and lower quality of life. Adverse life events, forced migration, and prolonged asylum procedures, in addition to the complexity of the acculturation process, can all contribute to higher levels of psychopathology. Objective: What are the threats to wellbeing in terms of mental health, psychosocial, and addiction problems, and what are the effective interventions for wellbeing for asylum seekers in asylum seeker centers in the Netherlands, reported in the literature? Method: Following the descriptive nature of the research question and the need for identifying knowledge gaps, an overview of existing knowledge was created by executing a scoping review on influencing factors on the mental health of asylum seekers. The Neuman system model was used as a guiding framework to understand the complexity of the issues this population experience and to identify the stressors and the factors which cause the imbalance and also the disease. Results: The literature review resulted in 26 articles that met the criteria for inclusion. The threats included the influence of staying in the environment of an asylum seekers center, drug abuse among asylum seekers, health-care professionals and employees who do not detect or underestimate the underlying suffering of asylum seekers, and frequent relocations of asylum seekers. The two assessment instruments used were the Rapid-Assessment-Response method (RAR method) and the Health Information Assessment Tool Asylum Seeker tool (HIATUS tool). Finally, the five interventions were identified: therapy for asylum seekers diagnosed with post-traumatic stress disorder (PSTD), art therapy, education focused on prevention as intervention, cultural interview, and mindspring. Conclusion: The knowledge on identifying and reducing threats, assessment, and treatment interventions for asylum seekers living in an asylum seekers center found in the literature provided perspectives on improving their wellbeing. The great diversity of cultural aspects and continuous changes in the number and origin of refugees in the Dutch asylum seekers centers disrupted the continuity of care.

BackgroundMost asylum seekers experience stress, not only due to the reason for fleeing and their travel but also due to their compulsory stay in the asylum seeker center in the Netherlands and the asylum procedure. This often leads to self-medication and addiction which causes lower self-esteem and lower quality of life. Adverse life events, forced migration, and prolonged asylum procedures, in addition to the complexity of the acculturation process, can all contribute to higher levels of psychopathology.ObjectiveWhat are the threats to wellbeing in terms of mental health, psychosocial, and addiction problems, and what are the effective interventions for wellbeing for asylum seekers in asylum seeker centers in the Netherlands, reported in the literature?MethodFollowing the descriptive nature of the research question and the need for identifying knowledge gaps, an overview of existing knowledge was created by executing a scoping review on influencing factors on the mental health of asylum seekers. The Neuman system model was used as a guiding framework to understand the complexity of the issues this population experience and to identify the stressors and the factors which cause the imbalance and also the disease.ResultsThe literature review resulted in 26 articles that met the criteria for inclusion. The threats included the influence of staying in the environment of an asylum seekers center, drug abuse among asylum seekers, health-care professionals and employees who do not detect or underestimate the underlying suffering of asylum seekers, and frequent relocations of asylum seekers. The two assessment instruments used were the Rapid-Assessment-Response method (RAR method) and the Health Information Assessment Tool Asylum Seeker tool (HIATUS tool). Finally, the five interventions were identified: therapy for asylum seekers diagnosed with post-traumatic stress disorder (PSTD), art therapy, education focused on prevention as intervention, cultural interview, and mindspring.ConclusionThe knowledge on identifying and reducing threats, assessment, and treatment interventions for asylum seekers living in an asylum seekers center found in the literature provided perspectives on improving their wellbeing. The great diversity of cultural aspects and continuous changes in the number and origin of refugees in the Dutch asylum seekers centers disrupted the continuity of care.

This article examines the European Commission’s 2016 proposals relating to asylum procedures and the Dublin mechanism. In particular, it analyses what State responsibility for protection means in the context of the ‘first country of asylum’ and ‘safe third country’ concepts, which are addressed in the Commission’s Asylum Procedures Proposal. What effect does the common responsibility of all parties to the Refugee Convention have on a particular State’s individual obligations when it examines a refugee’s application for protection? Can a State simply transfer asylum seekers to another State without seeking assurances from that ‘safe third country’ that they will be granted access to refugee status determination procedures? Does a State’s responsibility end after it removes an asylum seeker or is it obliged to cooperate with the destination State? Does merely transiting through a country mean that it is a ‘safe third country’ to which an asylum seeker can be returned? Can an asylum seeker be sent to a State that is safe in one or two regions, but is otherwise unstable? The article considers these and other questions, taking a sceptical approach to the European Commission’s proposal relating to the ‘safe third country’ concept.

Purpose – This paper studies the experiences of asylum seekers in Australia. The purpose of this paper is to explore the relationship between mental wellbeing, living conditions, and Australia’s detention policies in light of human rights. Design/methodology/approach – Using grounded theory, data were collected via observations, semi-structured interviews, key-informant interviews, and document analysis. Participants included seven asylum seekers and three professionals working with them. Findings – In light of a human rights framework, this paper reports on the mental distress suffered by asylum seekers in detention, the environments of constraint in which they live, and aspects of detention centre policy that contribute to these environments. The findings highlight a discrepancy between asylum seekers’ experiences under immigration detention policy and Australia’s human rights obligations. Research limitations/implications – This research indicates human rights violations for asylum seekers in detention in Australia. This research project involved a small number of participants and recommends systemic review of the policy and practices that affect asylum seekers’ mental health including larger numbers of participants. Consideration is made of alternatives to detention as well as improving detention centre conditions. The World Health Organization’s Quality Rights Tool Kit might provide the basis for a framework to review Australia’s immigration detention system with particular focus on the poor mental wellbeing of asylum seekers in detention. Originality/value – This study links international human rights law and Australian immigration detention policies and practices with daily life experiences of suffering mental distress within environments of constraint and isolation. It identifies asylum seekers as a vulnerable population with respect to human rights and mental wellbeing. Of particular value is the inclusion of asylum seekers themselves in interviews.

Mexico's Refugee Law of 2011 has been praised as exceptionally progressive. A core aspect of the new law is the inclusion of an expanded refugee definition derived from the Cartagena Declaration. Nonetheless, it has also been pointed out that implementation gaps persist between Mexico's laws and policy practice. In this paper, we analyse in how far Mexico has applied the Cartagena definition to allegeable asylum seekers. Based on the analysis of a representative sample of 565 Refugee Status Determination (RSD) resolutions, we identify patterns in the country's RSD procedure from 2011 to 2016. On the one hand, we find a 98 per cent recognition rate, under the Cartagena refugee definition, for Venezuelan asylum seekers; on the other hand, a lack of application of the Cartagena definition to Central Americans. We discuss how our findings relate to broader problems associated with the RSD procedure in Latin America, and provide policy recommendations.

International, European, and national policies and practices on refugee status determination and settlement/integration have changed over time in response to broader economic, political and social stimuli. Refugee and asylum policy is not simply a response to a recognised need on the part of those fleeing persecution; it is intricately connected to broader international politics, to domestic concerns with migration control, to local racism and xenophobia. The policy on asylums and refugees is currently high on the political agenda in France and Britain, as it is at the European Union level. This chapter sets out the international, European, and national framework for refugee status determination, reception, and settlement. It establishes one of the contexts in which the study of refugee women in Britain and France is situated. The chapter also discusses international law on refugees, gender and the international legal framework, the Hague Programme adopted by the European Council in November 2004, welfare and support for asylum seekers and refugees, detention of asylum seekers and migrants, and integration policy and practice in France and Britain.