Asylum Abuse vs. Protection
$ 45.5
Description
Asylum law stands at the intersection of state sovereignty, immigration enforcement and fundamental human rights. As governments confront rising claim volumes, administrative backlogs and allegations of systemic abuse, a difficult question has emerged: how can states protect the integrity of their asylum systems without weakening the legal safeguards designed for people genuinely fleeing persecution? Asylum Abuse vs. Protection examines this tension through a comparative analysis of Canada and the United States, situated within the broader framework of international refugee and human rights law. The book explores the refugee definition under the 1951 Refugee Convention, the principle of non-refoulement, Article 1F exclusion clauses, credibility assessment, asylum fraud, irregular entry and the legal mechanisms available to governments for addressing abusive claims. Drawing on legislation, institutional data and contemporary developments, the book examines Canada's rapidly expanding asylum caseload and Refugee Protection Division system alongside the structural challenges confronting U.S. asylum adjudication through USCIS and the immigration courts. It distinguishes deliberate fraud from unsuccessful or strategically filed claims and considers how procedural deficiencies, inadequate representation and inconsistent decision-making can affect genuine refugees. The central argument is that refugee protection and system integrity should not be treated as competing objectives. Effective asylum systems must be capable of identifying fraudulent claims, applying exclusion provisions and enforcing legitimate immigration controls while preserving fair adjudication and compliance with international protection obligations. Written for lawyers, policymakers, researchers, students and readers interested in immigration and human rights law, this book offers a contemporary examination of one of the most contested questions in modern migration policy: how democratic states can combine rigorous immigration enforcement with meaningful refugee protection.