By Francesco Cherubini
This publication examines the foundations governing the best to asylum within the eu Union. Drawing at the 1951 United international locations conference with regards to the prestige of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum duties below overseas refugee legislations were included into the eu Union.
The e-book attracts from overseas legislations, ecu legislation and the case legislations of the eu courtroom of Human Rights, and specializes in the prohibition of refoulement; the most legal responsibility the european legislations needs to confront. Cherubini explores the twin nature of this precept, interpreting either the duty to supply a good technique that determines the stipulations of probability within the state of starting place or vacation spot, and the duty to answer a potential expulsion.
Through this research the publication sheds gentle on european competence in asylum while in regards to the various positions of Member States. The publication can be of significant use and curiosity to researchers and scholars of asylum and immigration legislations, european legislation, and public overseas law.
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Additional resources for Asylum Law in the European Union
Org, especially para. , which contains an extensive reconstruction of Canadian case law in regard. More generally, see J. ).
Mahler (2011: 442–3). 103 Despite the wording of Article 1A(2), an applicant’s presence outside his/her country of origin is completely unrelated to events ‘occurring before 1 January 1951’. In other words, for an applicant to be granted refugee status he/she does not need to be outside his/her country of origin because of those events. In any case, the problem no longer arises as the reference to such ‘events’ was eliminated in the 1967 Protocol. Instead, there needs to be a link between the fact of the applicant being outside his/her country of origin and the well-founded fear, although this should not be interpreted too narrowly: the fear of persecution could arise when the applicant is no longer in the country of origin.
Zimmermann and C. Mahler (2011: 373) point out that some US judges tend to depart signiﬁcantly from this line, veering very close to the ‘but for’ test on the ground that the Convention reason should play a central or paramount role. 52 M. Foster (2001–2002: 269). 53 Australian Federal Court, decision of 17 February 1999, Minister for Immigration and Multicultural Affairs v. Sarrazola, ‘Australian Law Reports’, 1999, p. 645. 54 C. W. Wouters (2009: 80, emphasis added). Arguments against the practice of attributing importance to the persecutor’s intentions for the purposes of Article 1A(2) of the Refugee Convention are found in G.
Asylum Law in the European Union by Francesco Cherubini