Download Asylum Law in the European Union by Francesco Cherubini PDF

By Francesco Cherubini

This ebook examines the foundations governing definitely the right to asylum within the ecu Union. Drawing at the 1951 United international locations conference in terms of the prestige of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum responsibilities lower than foreign refugee legislations were included into the ecu Union.

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

Through this research the booklet sheds gentle on european competence in asylum while in regards to the diversified positions of Member States. The ebook may be of serious use and curiosity to researchers and scholars of asylum and immigration legislation, ecu legislation, and public foreign law.

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See A. ), G. S. Goodwin-Gill and J. ), R. ) and M. M. Qafisheh and V. ). 113 Yet, the opposite is also true, in the sense that Article 1C can be used to ‘cancel’ the refugee status of people to whom it should never have been granted in the first place. 120 Article 1C enumerates six situations in which refugee status ceases to apply. These can be divided into three categories: the first covers the case in which the refugee no longer intends to refuse the protection of the country of origin, in other words where ‘he has voluntarily re-availed himself of the protection of the country of his nationality’.

90 Among many examples, see US Court of Appeals, Ninth Circuit, decision of 7 March 2005, Nasser Mustapha Karouni v. Alberto Gonzales, Attorney General, especially para. 3, and Australian Refugee Review Tribunal, decision of 18 August 2009, RRT Case No. 903707, especially para. 113. For UNHCR’s position on this issue, see footnote 91 and, more recently, UNHCR (2012: para. ). 91 On this point see F. ) for an extensive bibliography and many references to the case law. UNHCR (2002a: para. 30) has taken a firm stance on this point, that ‘sex can properly be within the ambit of the social group category, with women being a clear example of a social subset defined by innate and immutable characteristics, and who are frequently treated differently than men.

O’Sullivan (2011: 503). 34 The Geneva Convention of circumstances in their country of origin;138 such would be the case of the overthrow or debellation of a government guilty of persecution, or the end of a civil war. Only lately, and in a limited number of cases, has it become the practice of States to extend the application of these clauses to individuals. The focal point of the clauses is the same as that of Article 1A(2): assessing the likelihood that the refugee does not risk persecution in his or her country of origin.

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