CGMP International Migration Laws & Policies 2 — Questions and Answers
Question 1: Under the 1951 Refugee Convention, which of the following situations would generally NOT qualify a person for refugee status?
- Persecution based on political opinion
- Fleeing generalized violence or civil war without personal targeting (Correct answer)
- Persecution based on membership in a particular social group
- Persecution based on religion
Correct answer: Fleeing generalized violence or civil war without personal targeting
The 1951 Convention requires persecution on specific grounds (race, religion, nationality, political opinion, or social group membership), and generalized violence without individualized targeting typically does not meet this threshold.
Question 2: Which international body is primarily responsible for overseeing the implementation of the UN Convention on the Rights of Migrant Workers?
- UNHCR
- IOM
- Committee on Migrant Workers (CMW) (Correct answer)
- ILO
Correct answer: Committee on Migrant Workers (CMW)
The Committee on Migrant Workers (CMW) is the treaty body established under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families to monitor state compliance.
Question 3: The Cartagena Declaration on Refugees (1984) expanded the refugee definition to include persons fleeing:
- Economic hardship and natural disasters
- Generalized violence, internal conflicts, and massive violation of human rights (Correct answer)
- Persecution based solely on gender
- Unauthorized border crossings
Correct answer: Generalized violence, internal conflicts, and massive violation of human rights
The Cartagena Declaration, influential in Latin America, broadened the refugee definition to cover persons fleeing generalized violence, foreign aggression, internal conflicts, or massive human rights violations.
Question 4: Which principle in international migration law prohibits states from returning individuals to a country where they face serious threats to their life or freedom?
- Jus cogens
- Non-refoulement (Correct answer)
- Complementary protection
- Extraterritorial jurisdiction
Correct answer: Non-refoulement
Non-refoulement, enshrined in Article 33 of the 1951 Refugee Convention and recognized as customary international law, prohibits returning persons to places where they face persecution or serious harm.
Question 5: A country that has not ratified the 1951 Refugee Convention is legally bound by non-refoulement obligations under:
- No international law whatsoever
- Customary international law and human rights treaties it has ratified (Correct answer)
- Only bilateral agreements
- UNHCR operational guidelines
Correct answer: Customary international law and human rights treaties it has ratified
Non-refoulement has attained customary international law status and is also embedded in major human rights instruments such as the Convention Against Torture, binding even non-signatories to the 1951 Convention.
Question 6: Under the EU's Dublin Regulation, responsibility for processing an asylum claim generally lies with:
- The country where the applicant wishes to settle
- The first EU member state the applicant entered (Correct answer)
- The member state with the strongest economic ties to the applicant
- UNHCR's designated safe country
Correct answer: The first EU member state the applicant entered
The Dublin Regulation establishes that the first EU member state through which an asylum seeker entered is generally responsible for processing the claim, though several exceptions and hierarchy criteria apply.
Question 7: Which of the following best describes 'complementary protection' in international migration law?
- A visa category for skilled migrant workers
- Protection granted to persons who do not meet the refugee definition but face serious harm if returned (Correct answer)
- Dual citizenship arrangements between two countries
- Temporary work authorization for asylum seekers
Correct answer: Protection granted to persons who do not meet the refugee definition but face serious harm if returned
Complementary protection fills gaps in the 1951 Convention by offering status to individuals who face torture, death penalty, or serious indiscriminate violence, even if they do not meet the five-ground refugee definition.
CGMP International Migration Laws & Policies 2
Under the 1951 Refugee Convention, which of the following situations would generally NOT qualify a person for refugee status?