Concept of effective protection in international refugee law with special reference to politics of gatekeeping

Abstract

Refugee Law as the word suggests deals with those people who left their place of residences due to fear of persecution. The premise of the research is based on the analysis of concept of gatekeeping in refugee law with providing the asylum seekers with basic human rights. The essence herein lies firstly in addressing the issue that refugee status has implicit within itself the concerns of human rights violations. Secondly, whether refugee rights are human rights and as to how is the status of refugees is to be ascertained. As far as the concept of gatekeeping is concerned it addresses the main issue of managing the influx of borders and the prerogatives that government could undertake to assure that, security and public order are maintained while keeping in mind the auspices of universal observance of human rights principles. The idea here is that there is enough literature on the fact that the refugees or asylum seekers do no get proper housing or other rights which ordinary citizens get. But it has to be observed that there is hardly a literature on the fact as to what shall be done when the refugees are already in the concerned state. In Concerns with India emphasis has been lade on NRC and the suggestions have been made to assure that due consideration shall be given to all people who have been deemed to be citizens. The need is to have a regulatory mechanism which has within its ambit the idea of assuring state responsibility and obligations along with durable solutions for refugee crisis based on requirements of each situation as that of issues relating to Rohingyas and Tibetans where application of durable solution would be different as in former voluntary repatriation is suggested and practiced and n latter assimilation is suggested and practiced. newline