The Do’s and Don’ts of Seeking Asylum in the U.K., U.S.A, South Africa and Canada – A complete Procedural Overview

By Shriya Maini*

(This is a complete guide to the procedure of filing a refugee claim in UK, USA, South Africa and Canada. Read on to learn how to seek asylum or file a refugee claim in these countries.)

1. This memorandum describes the procedure of filing a refugee claim in the United Kingdom (“UK”) and then compares it to the modus operandi of three other countries namely United States of America (“USA”), The Republic of South Africa (“South Africa”) and Canada. It discusses at length, the entire procedure of making a claim for asylum, right from when the first application is made by the asylum seeker until the grant or refusal of refugee status by the concerned authorities, in order to facilitate effective comparison between the abovementioned jurisdictions.

Does International Law Permit Deportation With Assurances?

By Shriya Maini*

(This post is second in the series by Shriya where she writes on contemporary issues of international criminal law and human rights.)

I discuss the current law on deportation subject to diplomatic assurances, in the backdrop of the judgement of Othman (Abu Qatada) v. the United Kingdom[1] and conclude that though deportation with assurances (“DWA”) are extremely controversial, particularly since they are not legally binding, they are not always insufficient to meet the receiving state’s obligations: if the assurances cover the prohibited activities, relate to a situation over which the assuring state has control, and come from a reliable source then arguably, the receiving States can rely on it. [2]