By Francesco Cherubini
This e-book examines the principles governing the proper to asylum within the eu Union. Drawing at the 1951 United international locations conference in relation to the prestige of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum tasks less than foreign refugee legislations were integrated into the eu Union.
The publication attracts from overseas legislation, european 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 legislation 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 possibility within the nation of foundation or vacation spot, and the duty to reply to a potential expulsion.
Through this learn the e-book sheds mild on ecu competence in asylum whilst 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 legislations, european legislation, and public overseas law.
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Extra resources for Asylum Law in the European Union
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.
17). 153 In any event, account must be taken of the organisation’s purposes when deciding whether the exclusion clauses apply in such situations, because the less doubt there is about the organisation’s criminal objectives, the smaller the degree of participation required for Article 1F to apply. The ﬁrst set of reasons for considering a person to be not deserving of international protection is the commission of crimes against peace, war crimes and crimes against humanity. Article 1F(a) makes no mention of genocide, however.
Weiss and D. A. Korn (2006: passim). 106 UNHCR (2003c: para. 7). 107 On this point in general see A. 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.