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本文是铭信小编整理的一篇exam代考、assignment代写范文,主要讨论了英国的政治避难要求,希望看到本篇的小伙伴都可以有所收获哦。
The Case of Amanuel and His Political Asylum Claim in The United Kingdom
The following facts are extracted from the scenario and presented as those essential to the legal issues framed by the statutes and the accompanying jurisprudence.Where an element of the scenario is not highlighted,such as Amanuel’s status as a law student,it is presumed to be irrelevant to the asylum analysis.
(1)Ethiopia has a lengthy history of political unrest,prolonged sectarian violence and general national disharmony.It is a nation of extreme poverty where ruling parties are dictatorships that have generally have maintained control either as direct instruments of the military or otherwise backed by military rule.Amanuel’s claim must be assessed in the context of this history;it is not an isolated example.The ongoing conflicts in neighbouring Eritrea have produced an additional humanitarian burden,as thousands of Eritreans fleeing their nation’s civil war have fled to Ethiopia as refugees.
(2)Political asylum as a component of refugee claims has become an increasingly common aspect of this process throughout the world.The UK and European case law cited in this paper are only a representative sampling of the larger body of jurisprudence that considers this complex issue.Further,Ethiopian refugee claims made to the UK have been a subject of specific Parliamentary concern;over 450 Ethiopian claimants were denied status in 2007.
(3)For the purposes of the present analysis,the Ethiopian Democratic Party(EDP)is presumed to be a legitimate political organization,i.e.one that is democratically constituted,with a party constitution or similar normal position that disavows terrorism or similar methods that are contrary to international law.Amanuel is not an applicant whose background or political involvement would otherwise disqualify him from the accepted definition of refugee.
(4)It is accepted that the EDP constitute a political opposition target for the Ethiopian government.Amanuel and his family are bona fide members of the EDP and their personal political convictions are legitimate self-expression;the actions undertaken by Amanuel in the course of his dealings with the government and its police arms are not a contrivance created to secure asylum;as noted below,some of the actions such as attending at a police station to complain may have been foolhardy,but they were not manufactured asylum seeking grounds.
The circumstances surrounding the disappearance of Saleh are consistent with this position.However,these particular facts only corroborate Amanuel’s position(recognising they are largely hearsay assertions),as opposed to constituting‘stand alone’persuasive evidence of the risks faced by Amanuel and his family in Ethiopia.
(3)The cumulative effect of the events in 2006 concerning the house search by the Ethiopian police is also supportive of Amanuel’s position.As with the poorly corroborated evidence of Saleh’s disappearance,the weight to be attached to the single incident involving the search of Amanuel’s family is limited.This proposition is advanced in recognition that the official reason for the search is a seemingly dubious pretext,but the acts of threatened and actual violence directed to Amanuel,his mother Mary and his young sister are themselves not sufficient grounds on which to build a refugee cliam.The totality of the circumstances is important to the analysis provided below.
(4)The arrest and beating of Amanuel for his comments concerning the Ethiopian Constitution are relevant on two distinct bases.The first is that Amanuel’s ability to freely express himself concerning the scope of constitutional protection is very limited;the statements that he made were legitimate self-expression in any Western democracy,a fact that is also not determinative of the issues.However,by being labeled a criminal and opponent of the governing regime is evidence that Amanuel’s long term safety is directly related to his political views.
There is a second and insidious element to this portion of the scenario.It may be concluded that given the swift official response to Amanuel’s comments made in the relative obscurity of a law class,the government are monitoring his words and actions.This circumstance is consistent with someone who is now a targeted political opponent,and when taken together with the other facts identified in the scenario,these circumstances provide a compelling prima facie factual basis on which to consider the legal elements of the asylum application.
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