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单词 asylum
释义

asylum
n. Refuge granted to an individual whose extradition is sought by a foreign government or who is fleeing persecution in his native state. This can include refuge in the territory of a foreign country (territorial asylum) or in a foreign embassy (diplomatic asylum). The latter is particularly contentious as it is a derogation from the sovereignty of the territorial state; moreover, diplomatic asylum may only be granted in cases of an alleged political offence and not in cases involving common-law crimes. Diplomatic asylum is well recognized in Latin American states. Conventions relating to it include the Havana Convention of 1928, the Montevideo Convention of 1933, and the Caracas Convention of 1954. The nature of diplomatic asylum was defined in the Asylum Case (Columbia v Peru) [1950] ICJ Rep 266.

On the issue of granting political asylum to refugees the applicable law is contained in the Convention Relating to the Status of Refugees 1951 (UKTS 39 (1954) Cmd 9171), which came into force in 1954 and to which the UK is a party. The original 1951 Convention only extended refugee status to those displaced by events occurring in Europe and elsewhere before 1 January 1951. This wording was subsequently removed by the Protocol Relating to the Status of Refugees (1967) (UKTS 15 (1969) Cmnd 3906). The 1951 Convention defined a refugee as a person with a “well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, [who] is outside the country of which that person is a national and is unable or, owing to such a fear, is unwilling to return to it” (art 1(A) (2)).

One of the safeguards for the refugee is the right of non-refoulement set out in Article 33 of the Convention. However, the effectiveness of this Article is undermined by the fact that it is up to each state to determine whether an individual comes under the classification of refugee contained in Article 1 of the Treaty.

In the UK, the procedures for applying for political asylum and for appealing against a negative decision have been significantly tightened up by the Immigration and Asylum Act 2002, the Nationality, Immigration and Nationality Act 1999, the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, and the Immigration, Asylum and Nationality Act 2006. The current (2021) Nationality and Borders Bill would remove many of the protections afforded to asylum seekers from those who are deemed to have entered the country illegally; it also increases penalties for illegal entry and those deemed to have “facilitated” such entry, the latter offence being defined much more broadly than hitherto. See also deportation; immigration.

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更新时间:2025/4/19 11:52:27