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By M. Rafiqul Islam

This e-book offers an summary of the advance and substance of present foreign refugee legislation so that it will demonstrate its gaps, caveats, and inadequacies that militate opposed to the institution of a good criminal regime to handle mounting worldwide refugee crises. The publication pursues a reformist schedule in the direction of affording criminal assurance to all refugees generated via any certainly involuntary grounds.

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The determination of who was to be afforded protection as refugees retained by states to be exercised in accordance with their perceived national interests. The consideration of tight fiscal conditions and high unemployment in these states prevailed over that of refugee plight and economic policy benefits that could accrue from accepting the flow of displaced persons, many of whom were skilled, in the economy. Given their own war devastation and economic hardship, these states failed to conceive that an extensive role in protecting refugees could improve their own economic position.

Pursuant to this right to cross-border freedom of movement, when a person is forced to flee his/her state of origin or nationality as a victim of circumstances caused by certain extraneous factors and seeks sanctuary in a foreign country, he/she is considered as an involuntary migrant or asylumseeker who does not currently receive the legal protection of any state. Such a person has always been in a vulnerable position warranting support and protection. Customary international law that prevailed prior to the First World War afforded protection to individual only by the state to which they belong as national.

Gowlland-Debbas, Vera, ed. The Problems of Refugees in the Light of Contemporary International Law Issues. The Hague: Martinus Nijhoff Publishers, 1996. 50 Marshall Conley, “The Institutional Framework of Refugee Law and Political Process,” in Mahoney and Mahoney ed. ” Human Rights Defender 6:3 (1997): 18–21. origin and evolution of international refugee law35 Crock, Mary, ed. Protection or Punishment? The Detention of Asylum-Seekers in Australia. Sydney: Federation Press, 1993. Zambelli, Pia.

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