Asylum Law in the European Union by Francesco Cherubini

By Francesco Cherubini

This ebook examines the principles governing the appropriate to asylum within the ecu Union. Drawing at the 1951 United countries conference in relation to the prestige of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum responsibilities lower than overseas refugee legislation were integrated into the eu Union.

The e-book attracts from overseas legislations, ecu legislation and the case legislation of the ecu court docket of Human Rights, and specializes in the prohibition of refoulement; the most legal responsibility the ecu legislations needs to confront. Cherubini explores the twin nature of this precept, reading either the duty to supply a good strategy that determines the stipulations of chance within the nation of beginning or vacation spot, and the duty to reply to a potential expulsion.

Through this examine the ebook sheds gentle on european competence in asylum while in regards to the diverse positions of Member States. The e-book could be of significant use and curiosity to researchers and scholars of asylum and immigration legislations, european legislations, and public foreign law.

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The wording of the article differs on this point, as the expression ‘owing to such fear’ reappears only in respect of the applicant’s unwillingness to return, and not in connection with the inability to do so. According to legal theorists – see A. Zimmermann and C. Mahler (2011: 443) – the rule is intended to apply to cases in which fear is not the reason for the applicant’s failure to return to the country of origin, for instance where he/she has been stripped of citizenship or when the State of origin refuses protection, such as by confiscating or refusing to issue identity documents.

Zimmermann and C. ). 108 Among many others see UNHCR (1994), UNHCR (1997a) and UNHCR (2002a). The Geneva Convention 29 principle, that certain reasons (such as those based on political opinion) may be relevant for the purposes of alleged persecution. Naturally, the same also applies to women. However, some acts that are not persecutory but nonetheless brutal, intense and profoundly offensive may ‘avoid’ the clause because of the absence of a reason according to the Refugee Convention; this may be due to the difficulty, in some contexts, of assigning the women to a particular social group, or to an inability to link persecution by private individuals to the State of origin.

09-71571. See Australian High Court, decision of 24 February 1997, Applicant A and another v. Minister for Immigration and Ethnic Affairs and another, ‘Australian Law Reports’, 1997, p. 331 ff. , para. 101. The Geneva Convention 25 the group is identified also by the way in which it is perceived externally:82 to clarify, the stage of ‘determining the persons whose rights are to be violated’ precedes the stage in which that violation takes place, so that ‘persecution serves only to make evident the existence of discriminatory treatment based on the specific characteristic identifying the group .

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