A New Normative Approach for the Grant of Asylum in Cases of Non-State Actor Persecution

Authors

• Mikhail Izrailev, Benjamin N. Cardozo School of Law

Abstract

The note critiques the inconsistent application of the "unable or unwilling" standard in asylum cases, particularly regarding nonstate actor persecution, and advocates for adopting the New Zealand Refugee Status Appeals Authority's standard. This standard focuses on the existence of a real risk of persecution, irrespective of governmental efforts, to align with the Refugee Convention's nonrefoulement principle and better safeguard asylum seekers' rights.

Disciplines

Disability Law | Immigration Law | Law

Recommended Citation

Mikhail Izrailev, A New Normative Approach for the Grant of Asylum in Cases of Non-State Actor Persecution, 19 Cardozo J. Int'l & Comp. L. 171 (2011).
Available at: https://larc.cardozo.yu.edu/cjicl/vol19/iss1/7