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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*
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.


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