CGMP International Migration Laws & Policies 5 â Questions and Answers
Question 1: Which 2016 UN declaration committed member states to a more equitable sharing of responsibilities for refugees and migrants?
- New York Declaration for Refugees and Migrants (Correct answer)
- Marrakech Compact on Migration
- Geneva Refugee Burden-Sharing Agreement
- Global Forum on Migration and Development Outcome
Correct answer: New York Declaration for Refugees and Migrants
The New York Declaration for Refugees and Migrants (September 2016) was adopted by all 193 UN member states and led to the development of both the Global Compact on Refugees and the Global Compact for Migration.
Question 2: In international migration law, 'temporary protection' differs from refugee status primarily because it:
- Provides permanent residency immediately
- Offers group-based, time-limited protection without requiring individualized refugee determination (Correct answer)
- Is available only to persons from OECD countries
- Includes an automatic right to family reunification
Correct answer: Offers group-based, time-limited protection without requiring individualized refugee determination
Temporary protection is a pragmatic mechanism activated in mass influx situations that grants immediate, collective protection without individualized status determination, and is typically intended to last only until return is safe.
Question 3: Which standard governs the 'best interests of the child' in migration proceedings involving unaccompanied minors under international law?
- Article 22 of the 1951 Refugee Convention
- Article 3 of the UN Convention on the Rights of the Child (CRC) (Correct answer)
- ILO Convention No. 182 on child labor
- Optional Protocol on the Sale of Children
Correct answer: Article 3 of the UN Convention on the Rights of the Child (CRC)
Article 3 of the CRC establishes that in all actions concerning children, the best interests of the child shall be a primary consideration, and this principle is central to migration decisions involving minors.
Question 4: An asylum seeker in the United States who misses the one-year filing deadline may still be eligible for asylum if they demonstrate:
- That they speak English fluently
- Changed or extraordinary circumstances that excuse the delay (Correct answer)
- Continuous physical presence for five years
- Employment authorization during the delay period
Correct answer: Changed or extraordinary circumstances that excuse the delay
Under INA §208(a)(2)(D), exceptions to the one-year filing requirement are permitted upon showing changed circumstances materially affecting eligibility or extraordinary circumstances relating to the delay in filing.
Question 5: The 'safe third country' concept in asylum law allows a receiving state to transfer an asylum seeker to another country where:
- The person has any family member
- The person can access a fair asylum procedure and will not face persecution or refoulement (Correct answer)
- The economy is stronger than the origin country
- The person previously held a tourist visa
Correct answer: The person can access a fair asylum procedure and will not face persecution or refoulement
Safe third country arrangements permit transfer only when the third country offers genuine access to fair asylum procedures and protection against refoulement, and where the individual will not face persecution.
Question 6: Which of the following is a key distinguishing feature of the Schengen Area's approach to external borders?
- Each member state independently controls all arrivals from other member states
- Internal border controls are abolished while common external border controls are applied (Correct answer)
- Visa-free access is extended to all global nationals without restriction
- Asylum seekers may freely choose their host country without Dublin rules applying
Correct answer: Internal border controls are abolished while common external border controls are applied
The Schengen Agreement abolishes internal border checks among member states while establishing a common visa policy and coordinated external border management through agencies like Frontex.
Question 7: Under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), which rights are guaranteed to ALL migrant workers, including those in irregular status?
- Right to vote in host country elections
- Right to equal remuneration and core labor protections (Correct answer)
- Right to permanent residence
- Right to access all social security benefits on equal terms with nationals
Correct answer: Right to equal remuneration and core labor protections
Part III of the ICRMW grants all migrant workersâincluding undocumented onesâcore rights including equality in remuneration, safe working conditions, and protection against arbitrary detention.
CGMP International Migration Laws & Policies 5
Which 2016 UN declaration committed member states to a more equitable sharing of responsibilities for refugees and migrants?