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9781108837095

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'Janna Wessels' detailed and enthralling book guides the reader on a journey into the complex underbelly of refugee law, and asks some of the most fundamental questions about the scope of state responsibilities to protect persons at risk of harm on account of their inherent characteristics (race, ethnicity, sex or gender, sexual orientation), or their opinions and beliefs. While her analysis is focused on the often incompatible jurisprudence and literature on sexual orientation claims, the book is relevant for all types of refugee claims. It is a compelling read.' Alice Edwards , former Chief of Protection Policy and Legal Advice, UNHCR 'Among the many books on the interpretation of the refugee definition, this one clearly stands out. It masterfully demonstrates how 'discretion' reasoning is deeply entrenched in both common and civil law jurisdictions, and provides a path for reconsidering the scope of refugee protection. Superbly written, highly original, it is a must-read for academics and practitioners working in this area of law.' Helene Lambert, University of Technology Sydney 'This timely and provocative book prompts a reconsideration of what, and whom, refugee law protects - and why. Wessels' detailed study argues that 'discretion' reasoning permeates refugee decision-making across the board, resulting in systemic instability. Her work provides insights into the relationship between human rights law and refugee law, and the protection regime as a whole. Jane McAdam, Scientia Professor and Director of the Andrew and Renata Kaldor Centre for International Refugee Law, University of New South Wales Sydney 'This book is the result of a fascinating project at the cutting edge of refugee legal studies. Wessels examines how (primarily Global North) states make decisions on who is entitled to international protection from a new perspective - the presumption of a duty on a refugee to behave discreetly in their home country - which has entered decision making in many countries. This book is mandatory reading for all refugee law scholars.' Elspeth Guild, Jean Monnet Professor ad personam at Queen Mary University of London, Emeritus Professor at Radboud University Nijmegen, and partner at Kingsley Napley LLP

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Janna Wessels is Assistant Professor at the Amsterdam Centre for Migration and Refugee Law, Vrije Universiteit Amsterdam. She has held research posts at the law faculties of UTS Sydney and Giessen University. Her main research interests are in the areas of migration law, human rights and refugee protection.

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