Visas in Migration and Asylum Law

This book explores and discusses the different perspectives stemming from the visa as a tool of international mobility. A visa has a multifaced nature. It is a `key' which allows foreign nationals to reach the door of the State. It is also a tool for the State to govern migration and border control. In humanitarian and international protection terms, it is also a tool for human rights protection. Against this background, this book assesses the legal and socio-political implications arising from the multipurpose nature and scope of visas. It is divided into two parts. The first part focuses on the visa as an instrument for migration control, contextualizing the rationale behind its invention and the legal challenges it raises. The second part focuses on the visa as a tool for asylum, examining its use for humanitarian purposes, including resettlement schemes and emergency-related evacuation initiatives put in place in different legal systems. It will be of interest to academics, researchers and policy-makers working in the areas of Migration and Asylum Law, International Human Rights Law and Political Science.

Francesco Luigi Gatta is Assistant Professor of European Union Law at the University of Palermo, Italy. Mario Savino is Full Professor of Administrative Law at the University of Tuscia, Italy and Coordinator of the Academy of Law and Migration (ADiM).

Foreword, François Crepeau; Introduction, Francesco Gatta, Mario Savino; PART I - Visa and Migration Part I1: EU Visa Policy 1 EU Visa Policy: The Invisible First Line of Defence of 'Fortress Europe', Daniel Thym; 2: EU Visa Policy and the USA: Cracks in Transatlantic Friendship?, Jonas Bornemann; 3: Nationality-Based Schengen Visa and Entry Bans: The Case of Russian Citizens, Dimitry Kochenov, Sarah Ganty, Nurbanu Hayir, Suryapratim Roy; The Legal Challenges; 4: Visa and Due Process under EU law, Mario Savino; 5: Digitalising the Visa Procedure: Administrative Efficiency at the Expense of Fundamental Rights?, Niovi Vavoula; 6: Visas as a Tool of 'Migrant Instrumentalisation'? The EU-Belarus Border Crisis Reconsidered, Aleksandra Ancite-Jepifánova; 7: Visas and Their Meaning and Consequences for Human Rights Defenders, Elspeth Guild, Vasiliki Apatzidou; PART II - Visa and Asylum; Seeking Asylum with a Visa; 8: Gazans: Perpetual Refugees on the Run, Eugénie Delval, Christine Flamand, Caroline Leclercq, Matthieu Lys, Sylvie Sarolea, Véronique van der Plancke; 9: Resettlement: Protection or Control?, Sarah Cosemans; 10: Unlocking Access to Protection under the UN Global Compacts: Do Humanitarian Visas Hold the Key?, Pauline Endres de Oliveira, Nikolas Feith-Tan; 11: Entry Visas and the European Convention on Human Rights, Francesco Gatta, Lorenzo Acconciamessa; 12: Visa and Mobility in Africa: Challenges and Way Ahead, Silindile Nanzile Mlilo; National Visa Policies and Asylum; 13: Refugees and Humanitarian Admissions in Australia: Between Control and Management, Susan Kneebone; 14: Canada's Visa Regime: A Global Model at a Crossroads, Elizabeth Hessek, Luna Vives; 15: Country Focus: Italy, Luca Galli, Cecilia Siccardi; 16: Humanitarian Immigration Programs of the United States, Kit Johnson; Conclusion, Hiroshi Motomura