Asylum Law in the European Union by Francesco Cherubini

By Francesco Cherubini

This booklet examines the foundations governing the perfect to asylum within the ecu Union. Drawing at the 1951 United international locations conference on the subject of the prestige of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum tasks below overseas refugee legislations were included into the eu Union.

The booklet attracts from foreign legislations, ecu legislations and the case legislation of the eu court docket of Human Rights, and makes a speciality of the prohibition of refoulement; the most legal responsibility the european legislation needs to confront. Cherubini explores the twin nature of this precept, interpreting either the duty to supply a good approach that determines the stipulations of chance within the kingdom of starting place or vacation spot, and the duty to answer a potential expulsion.

Through this learn the booklet sheds gentle on european competence in asylum whilst 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, ecu legislations, and public foreign law.

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In reality, the question is another: did she commit fraud when she made her original application for asylum, never having had homosexual tendencies, as her subsequent behaviour would appear to indicate? In other cases, national case law seems to follow the line recommended by UNHCR. 145 The grounds for excluding persons from refugee status are set out in Article 1F. 146 The Article recites: The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the United Nations.

Zimmermann and C. ). 110 UNHCR (2008d: para. 9). 111 Minor cases are listed in Article 1D, which provides that ‘This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance. When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these person shall ipso facto be entitled to the benefits of this Convention’, and in Article 1E, which provides that ‘This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country’.

Lenzerini (2009: 277–8). 75 See US Court of Appeals, Ninth Circuit, decision of 11 July 2003, Abrahim Baballah, Ula Baballah and Ahmad Baballah v. gov. 76 G. S. Goodwin-Gill and J. McAdam (2007: 74). 77 The socialist countries did not contribute to the drafting of the Refugee Convention and did not participate until the first meeting of the Ad Hoc Committee on Statelessness 24 The Geneva Convention becoming the form of persecution most often ‘singled out’ in accepted practice. 78 Yet, however broad the concept of specific social group may be, some boundaries do exist, although they vary case by case.

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