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Through an investigation of the protection needs of 'irregularised migrants', this book offers a novel approach to the phenomenon of irregular migration by reframing it as a matter of refugee law.
Thousands of people have died, disappeared and suffered mental and physical harm on their dangerous migratory journeys to Europe. This book addresses an issue which, so far, has been largely omitted from the study of refugee law: the fact that harm experienced during irregular migration is often as serious as harm feared by recognised refugees in their countries of origin. Grundler argues that harm experienced during dangerous journeys can constitute persecution and that a risk of irregular re-migration can form the basis for a claim to refugee status. Drawing insights from a comparative content analysis of trafficked persons' asylum claims, other disciplines such as psychology and sociology and additional case law, this book provides readers with new understandings on the scope of the refugee definition, adds new concepts to migration theories and challenges states' migration control policies.
This volume will be an important point of reference for scholars, practitioners, policymakers and students working on refugee and human rights law, (irregular) migration and vulnerability.
List of contents
1. Introduction; 2. 'Trafficking in Persons' and 'Smuggling of Migrants': Different Concepts, Similar Experiences; 3. 'Route Causes' of Irregular Re-Migration: Vulnerability Indicators for Future Risk; 4. Persecutory Harm and Failure of State Protection: Cumulative and Sequential Harms; 5. The Nexus to Refugee Convention Grounds: A Return to 'Route Causes'; 6. From Complementary Protection to Refugee Status? - Finding Irregularised Migrants in Existing Case Law; 7. Vulnerability to Irregular Re-Migration in the Context of Climate Change and Disasters; 8. Conclusion: Protection from Dangerous Migratory Journeys
About the author
Maja Grundler is Lecturer at Northumbria Law School and holds a PhD in Law from Queen Mary University of London. Her research interests include refugee law, irregular migration and human trafficking.
