ULUSLARARASI KAMU HUKUKU II - Deneme Sınavı - 8

Turkey and EU signed the Agreement on Readmission of Persons Residing without Authorization on 16 December 2013 and the Agreement entered into force on 1 October 2014. The primary purpose of the Readmission Agreement is to strengthen the co-operation between the parties in order to combat contemporary irregular immigration. The correct answer is C.

Due to the extent of the ongoing refugee crisis, Turkey and the EU reached an agreement and signed a Statement on March 18, 2016, including additional action points to the Readmission Agreement. According to this Statement, all new irregular migrants crossing from Turkey into Greek islands as from March 20, 2016 will be returned to Turkey. In return, for every Syrian being returned to Turkey from the Greek islands, another Syrian will be resettled from Turkey to the EU. Also, the fulfillment of the visa liberalization roadmap will be accelerated between all participating Member States to lift the visa requirements for Turkish citizens. The return of irregular migrants will take place in full accordance with international law, especially the principle of non-refoulement. THe correct answer is E.

Between January 1 and June 30, 2019, 37,100 refugees and migrants arrived via three Mediterranean routes from North Africa and Turkey. Most crossed the Eastern Mediterranean from Turkey. Arrivals in 2019 most commonly originated from Afghanistan, Morocco, Syria and Mali. The correct answer is B.

The rise of the number of migrants entering the EU by using the Eastern Mediterranean route from Turkey to Greece caused the signing of the Agreement between the EU and the Republic of Turkey on the Readmission of Persons Residing Without Authorization on December 16, 2013. It was followed by a Statement signed by the same States on March 18, 2016, including additional action points to the Readmission Agreement. The correct answer is C.

According to the 1951 Convention main elements of the refugee are alienage, well-founded fear of being persecuted and failure of state protection. These terms do not have any particular definition both in the 1951 Convention and 1967 Protocol. Therefore detailed information is given down below. The correct answer is E.

According to the 1951 Convention, well-founded fear of being persecuted can be originated from the reasons of race, religion, nationality, membership of a particular social group or political opinion. The acts of persecution do not have to be carried out by the State officials; actions of non-state actors may also cause fear of persecution (Çiçekli, 2009: 54). The correct answer is A.

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living. Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum. The correct answer is E.

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living. Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum. The correct answer is D.

Following the Second World War, on December
10, 1948, the UN General Assembly adopted the
Universal Declaration of Human Rights. In this
document, which is the cornerstone of international
human rights law, the right to asylum is regulated
together with other human rights.
Subsequently, on July 28, 1951, the Convention
Relating to the Status of Refugees was adopted by
twenty-six States at the UN General Assembly and
entered into force on April 22, 1954. The 1951
Convention uses significant limitations when
defining the term “refugee.”
At the time when the 1951 Convention was
drafted, there was a desire by a number of States
not to assume obligations the extent of which could
not be foreseen. This desire led to the inclusion of
the temporal limitation clause that enabled States
to put the Convention into the effect for the events
occurred before 1 January 1951. In response to the
wish of certain Governments, the 1951 Convention
also gave to Contracting States the possibility of
limiting their obligations under the Convention
to persons who had become refugees as a result of
events occurring in Europe (Odman, 1995: 41).
Accordingly, the expression “events occurring
before January 1, 1951” primarily constituted a
temporal limitation; besides, a geographical
limitation has been regulated as” events occurring
in Europe” and “events occurring in Europe or
elsewhere”. More importantly, States Parties to the
1951 Convention have been given the authority
to make a declaration specifying which of these
meanings it would apply.

According to these, the phrase given in option E is wrong. Because the 1951 Convention Relating to the Status of Refugees has a "temporal limitation" concept for refugee status.

Turkey joined the 1967 Protocol by the Council of Ministers Decision dated July 1, 1968, numbered 6/10266. Turkey has maintained its declaration about the geographical limitation. So, the correct answer is B.

The OAU Convention is the first regional legal instrument
governing refugee protection. It enacted on
September 10, 1969 and entered into force on
June 20, 1974. So, the correct answer is given in option C.

Article 14 of the Universal Declaration of
Human Rights grounds the basis of refugee
law by recognizing the right of persons to seek
asylum from persecution in other countries. so, the correct answer is A.

According to the 1951 Convention main elements
of the refugee are alienage, well-founded fear of
being persecuted and failure of state protection.
These terms do not have any particular definition
both in the 1951 Convention and 1967 Protocol. Namely, the correct answer is B.

According to the 1951 Convention, well-founded fear of being persecuted can be originated from the reasons of race, religion, nationality, membership of a particular social group or political opinion. The acts of persecution do not have to be carried out by the State officials; actions of non-state actors may also cause fear of persecution. So, gender factor is not one of these reasons.

Today, the only international legal instrument
aiming at the legal status of internally displaced
persons is the African Union Convention for the
Protection and Assistance of Internally Displaced
Persons in Africa (Kampala Convention).
The Kampala Convention contains the same
definition as The Guiding Principles on Internal
Displacement. According to this, the correct answer is given in option D.

Immigrant is the name given to the person who
has left his country of nationality and immigrated
to another country for economic reasons in order
to achieve a better standard of living. Unlike those
seeking asylum, immigrants continue to enjoy the
protection of their State and voluntarily embark on
this journey. States that accept immigrants do not
have responsibilities arising from a basic human
right, as is the case with asylum. Therefore, the correct answer is given in option C.

Article 33 of the 1951 Convention contains
the principle of non-refoulement which may not
be the subject of a reservation and is required to
be applied in emergency situations and to include
every individual who fits the definition in Article
1/A of the Convention. So, the correct answer is given in B.

The cessation clauses regulated in the 1951
Convention can be categorized into four sets of
circumstances in which refugee status may be
lost. These are, voluntary acts of the individual,
change of circumstances, protection accorded
by international agencies and criminals or other
undeserving cases. As we have seen, option E is not one of them.

The major milestones for the refugee law are the Second World War and the emergence of the conflict in Syria in 2011. The first one shapes the general framework of the refugee law and differs over time. The second one tests the systematic functions of refugee law and brought up new dimensions.

On July 28, 1951, the Convention Relating to the Status of Refugees was adopted by
twenty-six States at the UN General Assembly and entered into force on April 22, 1954.