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Main Debates
Is the EC legislation on Qualification consistent with the 1951 Geneva Convention?
How Should the 1951 Geneva Convention Exclusion Clauses be Applied in the
context of the ‘fight against terror’?
Main Points
Different Interpretations of the Refugee Definition among Member States
Persecution by Non-State Agents
Protection by Non-state Agents
Gender and Sexual Orientation
Refugee Sur Place
Internal Flight Alternative
Compatibility of Rules on Exclusion, Revocation, Cessation with 1951 Geneva
Convention
Differentiation in Rights Accorded to 1951 Geneva Convention Refugees and
Subsidiary
Protection Beneficiaries
EU Instruments
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted, OJ L 304, 30 September 2004.
Joint Position of 4 March 1996 defined by the Council on the basis of Article K.3 of the Treaty on European Union on the harmonized application of the definition of the term ‘refugee’ in Article 1 of the 1951 Geneva Convention, 28 July 1951, relating to the status of refugees, OJ L63, 13 March 1996.
UNHCR Documents
UNHCR ‘UNHCR Annotated Comments on the EC Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of Third Country Nationals or Stateless Persons as Refugees or as Persons Who Otherwise Need International Protection and the Content of the Protection Granted’, January 2005.
Cases
Regina v Secretary of State for the Home Department ex parte Adan; Regina v Secretary of State for the Home Department ex parte Aitseguer, Judgments of 19 December 2000, [2001] 2 WLR 143 (UK judicial decision upholding asylum for applicants fearing persecution by non-state actors)
Chahal v. UK, ECtHR judgment of 15 November 1996, (violation of Article 3, Article 5, para 4, and Article 13 in conjunction with Article 3 in case of a deportation order to India of a Sikh separatist on national security grounds needs. The Indian citizen has spent 6 years waiting the deportation. The necessity of judicial review has been proved)
Secretary of State for the Home Department v. K; Fornah v. Secretary of State for the Home Department, [2006] UKHL 46 (The House of Lords held that women in societies which practised female genital mutilation were ‘members of a particular social group’ for the purposes of the Refugee Convention)
Readings
Rt Hon Lord Justice J. Dyson, ‘The interpretation of the Refugee Convention: Idiosyncrasy v Uniformity’, in The Asylum Process and the Rule of Law, IARLJ World Conference publication, Stockholm, April 2005 (New Delhi: Manak Publications, 2006).
G. Goodwin-Gill, ‘The Individual Refugee, the 1951 Geneva Convention and the Treaty of Amsterdam’, in E. Guild and C. Harlow (eds), Implementing Amsterdam: Immigration and Asylum Rights in EC Law (Oxford: Hart, 2001), pp. 141–159. (version updated mainly in relation to the EU Charter of Fundamental Rights).
J. McAdam, ‘The Qualification Directive: An Overview’, in Karin Zwaan (ed.), The Qualification Directive: Central Themes, Problem Issues, and Implementation in Selected Member States, (Nijmegen: Wolf Legal Publishers, 2007).
F. Nicholson, ‘Challenges to Forging a common European Asylum System in line with the International Obligations’, in Peers and Rogers, EU Immigration and Asylum Law (Leiden/Boston, Martinus Nijhoff Publishers, 2006), pp. 505–537.
G. Noll, ‘Access to Protection under the EU Acquis’, in G. Noll, Negotiating Asylum, (The Hague: Martinus Nijhoff Publishers, 2000), pp. 233–244.
Extended
Hélène Lambert, ‘The EU Asylum Qualification Directive, Its Impact on the Jurisprudence of the United Kingdom and International Law’, International Comparative Law Quarterly, vol. 55, no. 1 (January, 2006), pp. 161–192.
EU Instruments
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted, OJ L 304, 30 September 2004.
Joint Position of 4 March 1996 defined by the Council on the basis of Article K.3 of the Treaty on European Union on the harmonized application of the definition of the term "refugee" in Article 1 of the Geneva Convention of 28 July 1951 relating to the status of refugees
Joint Position of 4 March 1996 defined by the Council on the basis of Article K.3 of the Treaty on European Union on the harmonized application of the definition of the term "refugee" in Article 1 of the Geneva Convention, 28 July 1951 relating to the status of refugees OJ L63, 13 March 1999.
UNHCR Documents
UNHCR Annotated Comments on the EC Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of Third Country Nationals or Stateless Persons as Refugees or as Persons Who Otherwise Need International Protection and the Content of the Protection Granted
UNHCR ‘UNHCR Annotated Comments on the EC Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of Third Country Nationals or Stateless Persons as Refugees or as Persons Who Otherwise Need International Protection and the Content of the Protection Granted’, January 2005.<BR>
Cases
Adan and Aitseguer; Regina v Secretary of State for the Home Department ex parte Adan; Regina v Secretary of State for The Home Department ex parte Aitseguer
Adan and Aitseguer [1998] INLR 472 (UK CA); Regina v Secretary of State for the Home Department ex parte Adan; Regina v Secretary of State for The Home Department ex parte Aitseguer (UK HL) (Judgments of 19 December 2000) (UK judicial decision upholding asylum for applicants fearing persecution by non-state actors)
Chahal v. UK
Chahal v. UK (European Court of Human Rights 1996) (violation of Article 3, Article 5, para 4, and Article 13 in conjunction with Article 3 in case of a deportation order to India of a Sikh separatist on national security grounds needs. The Indian citizen has spent 6 years waiting the deportation. The necessity of judicial review has been proved)
Secretary of State for the Home Department v. K; Fornah v. Secretary of State for the Home Department
Secretary of State for the Home Department v. K; Fornah v. Secretary of State for the Home Department, [2006] UKHL 46 (The House of Lords held that women in societies which practised female genital mutilation were ‘members of a particular social group’ for the purposes of the Refugee Convention)
Readings
Core
The interpretation of the Refugee Convention: Idiosyncrasy v Uniformity
Rt Hon Lord Justice J. Dyson, ‘The interpretation of the Refugee Convention: Idiosyncrasy v Uniformity’, in The Asylum Process and the Rule of Law, IARLJ World Conference publication, Stockholm, April 2005 (New Delhi: Manak Publications, 2006).
The Individual Refugee, the 1951 Convention and the Treaty of Amsterdam
G. Goodwin-Gill, 'The Individual Refugee, the 1951 Convention and the Treaty of Amsterdam' in E. Guild and C. Harlow (eds.), Implementing Amsterdam: Immigration and Asylum Rights in EC Law (Oxford: Hart, 2001) 141-159. (version updated mainly in relation to the EU Charter of Fundamental Rights).
Reproduced with permission of Hart Publishing (c) 2001, Hart Publishing
The Qualification Directive: An Overview
J. McAdam, ‘The Qualification Directive: An Overview’, in Karin Zwaan (ed.), The Qualification Directive: Central Themes, Problem Issues, and Implementation in Selected Member States, (Nijmegen: Wolf Legal Publishers, 2007).
Challenges to Forging a common European Asylum System in line with the International Obligations
F. Nicholson, ‘Challenges to Forging a common European Asylum System in line with the International Obligations’, in Peers and Rogers, EU Immigration and Asylum Law (Leiden/Boston, Martinus Nijhoff Publishers, 2006), pp. 505–537.
Access to Protection under the EU Acquis
G. Noll, 'Access to Protection under the EU Acquis' in Negotiating Asylum (Kluwer Law International 2000), 233-244.
Reproduced from G. Noll Negotiating Asylum (Kluwer Law International 2000) Chapter 7 pp. 233-244., ISBN 9041114319. (c) 2000 Kluwer Law International. With the kind permission of Brill Academic Publisher.
Extended
The EU Asylum Qualification Directive, Its Impact on the Jurisprudence of the United Kingdom and International Law
Hélène Lambert, ‘The EU Asylum Qualification Directive, Its Impact on the Jurisprudence of the United Kingdom and International Law’, International Comparative Law Quarterly, vol. 55, no. 1 (January, 2006), pp. 161–192.
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