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47 Vand. J. Transnat'l L. 905 (2014)
Multiple Nationality and Refugees

handle is hein.journals/vantl47 and id is 947 raw text is: ARTICLES Multiple Nationality and Refugees Jon Bauer* ABSTRACT Persons with more than one nationality (multiple nationals) who flee persecution in their home country may have compelling reasons to seek asylum elsewhere rather than go to a second country of nationality where they have no ties or face serious hardships. The 1951 U.N. Convention Relating to the Status of Refugees, however, expressly makes them ineligible for refugee status unless they have a well-founded fear of being persecuted in all their countries of nationality. The U.S. Refugee Act omits this exclusionary language but nonetheless has been read by immigration agencies as if it incorporated the Convention's approach. This Article challenges the view that multiple nationals should not be considered refugees. It argues that asylum should be denied only when it would be reasonable, under all the circumstances, to expect the person to resettle in a second country of nationality after taking into account factors * Clinical Professor of Law and Richard D. Tulisano '69 Scholar in Human Rights, University of Connecticut School of Law. I am grateful for the helpful comments provided by Deborah Anker, Jill Anderson, A.C.E. Bauer, Sachin Pandya, and workshop participants at Brooklyn Law School's Migration Law Reading Group, the University of Connecticut School of Law, and the 2012 Immigration Law Teachers Workshop. Thanks also to Jane McAdam, Guy Goodwin-Gill, and Daniel Kanstroom for responding to my inquiries with a wealth of useful information, and to Keith Shuler at the Jimmy Carter Library, Heather Halliday and Roberta Elliott of the Hebrew Immigrant Aid Society, Sarah Rhodes at Oxford's Paul Weis archive, and the University of Connecticut law library staff. Ruth Vaughan provided superb research assistance. The support and encouragement of Deans Jeremy Paul, Willajeanne McLean, and Timothy Fisher, and generous travel and research funding provided by the Tulisano endowment, were essential in bringing this project to completion. None of the above-listed should be blamed for the results. 905

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