Immigration law 2 Essay Example | Topics and Well Written Essays - 1000 words

Immigration law 2 - Essay Example Even though war may be seen as one of the simplest and commonest examples of scenarios whereby the lives of people are put at risk, there are actually several other means by which people dwelling in a country may be prone to threats to their lives even in the absence of war2. As a way of ensuring that people who live in their own countries are given enough and maximum protection against all forms of practices that possesses threat to their lives in their immediate environments, the Refugee Convention has been put in place to ensure that there is easy movement of all such people cross borders from their countries of residence to seek protection and shelter where they feel their lives will be better protected. The present essay analysis whether the definition of a refugee under the Refugee Convention is sufficient to protect victims of human rights abuses and subsequently protect the lives of these people. ... In R v SSHD4, a clearer and reflection meaning is given to what well-founded fear means when it was concluded that genuine belief cannot be a basis for one to receive any form of protection as long as fear is unfounded. This means that fear must be objective and founded5 and in case it will be subjective, it must be based on reality.6 The second provision, which is premises, defines circumstances under which well-founded fear must exist before they can be regarded as meriting for refugee status. Generally, the fact that there is a premise means that well-founded fear may exist alright but may not be a tangible reason to merit one to be a refugee7. In the definition, there are five clearly listed premises, which are ‘race, religion, nationality, membership of a particular social group or political opinion’. Race and nationality generally give a premise of reason, for which a person may suffer acts of persecution, which arises mainly because the fellow is of a race that is different from the race of some other group of people who may be executing the torture, bring about the well-founded fear. Religion also gives its up with instances where there exist forms of controlled and mobilised acts of persecution against an identified religious group for the mere fact that people who are executing persecutions refuse to accept the opinions of the other religious group. Commonly, the aftermath of elections have resulted in situations where people, mostly those in opposition tend to become enemies of those winning power and therefore suffer forms of vendetta and victimisation due to their social and political opinions. In Gomez v SSHD8 we realize that "to qualify as political the