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Main Debates
Efficient v. Fair Procedures
Main Points
Contrast between UNHCR and EU Definition of ‘Manifestly Unfounded’ Claims
Abridged Safeguards
Shifts in the Standard and Burden of Proof
Procedural and Formal Grounds (as Opposed to Grounds Related to the Merits)
for Channeling Claims into Accelerated Procedures
Soft Law
UNHCR EXCOM, ‘The Problem of Manifestly Unfounded or Abusive Applications for Refugee Status or Asylum’, Conclusion No. 30 (XXXIV), 1983.
UNHCR EXCOM, ‘Determination of Refugee Status’, Conclusion No. 8 (XXVIII), 1977.
EU Documents
Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status OJ 326, 13 December 2005 Arts. 23, 28, 34, 35, 39.
Resolution on Manifestly Unfounded Applications for Asylum, Conclusions of the Meeting of the Ministers responsible for Immigration Doc. 10579/92 IMMIG (London 30 November–1 December 1992).
Council Resolution of 20 June 1995 on Minimum Guarantees for Asylum Procedures OJ 274, 19 September 1996.
UNHCR Documents
UNHCR, ‘Position on Manifestly Unfounded Applications for Asylum’, in 3rd International Symposium on the Protection of Refugees in Central Europe 23–25 April 1997, UNHCR Budapest, UNHCR European Series, vol. 3 (Geneva: UNHCR, 1997), pp. 397–399.
UNHCR, ‘An Overview of Protection Issues in Western Europe: Legislative Trends and Positions Taken by UNHCR’, UNHCR European Series, vol. 1, No. 3 (Geneva: UNHCR, 1995).
Readings
Core
R. Byrne, ‘Future Perspectives: Accession and Asylum in an Expanded European Union. Manifestly Unfounded Claims’, in R. Byrne, G. Noll, and J. Vedsted-Hansen (eds), New Asylum Countries? Migration Control and Refugee Protection in an Enlarged European Union (The Netherlands: Kluwer Law International, 2002), pp. 403–408.
S. Mullally, ‘Manifestly Unjust: A Report on the Fairness and Sustainability of Accelerated Procedures for Asylum Determination’ Irish Refugee Council, September 2001, Ch. 2, 4 (59–65), 5.
Soft Law
The Problem of Manifestly Unfounded or Abusive Applications for Refugee Status or Asylum
UNHCR EXCOM, 'The Problem of Manifestly Unfounded or Abusive Applications for Refugee Status or Asylum', Conclusion No. 30 (XXXIV), 1983.
Determination of Refugee Status
UNHCR EXCOM, 'Determination of Refugee Status', Conclusion No. 8 (XXVIII), 12 Oct. 1977.
EU Documents
Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status
Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status OJ 326, 13 December 2005 Arts. 23, 28, 34, 35, 39.
Resolution on Manifestly Unfounded Applications for Asylum, The Council, Conclusions of the Meeting of the Ministers responsible for Immigration
Resolution on Manifestly Unfounded Applications for Asylum, The Council, Conclusions of the Meeting of the Ministers responsible for Immigration Doc. 10579/92 IMMIG (London 30 Nov.-1 Dec. 1992).
Council Resolution of 20 June 1995 on Minimum Guarantees for Asylum Procedures
Council Resolution of 20 June 1995 on Minimum Guarantees for Asylum Procedures OJ 274 13, 19 September 1996.
UNHCR Documents
Position on Manifestly Unfounded Applications for Asylum
UNHCR, 'Position on Manifestly Unfounded Applications for Asylum,' 3rd International Symposium on the Protection of Refugees in Central Europe (Geneva: UNHCR, 1997), 397-399.
An Overview of Protection Issues in Western Europe: Legislative Trends and Positions Taken by UNHCR
UNHCR, An Overview of Protection Issues in Western Europe: Legislative Trends and Positions Taken by UNHCR, Vol. 1 No. 3 European Series (Geneva, UNHCR, 1995).
Readings
Core
Future Perspectives: Accession and Asylum in an Expanded European Union. Manifestly Unfounded Claims
'Future Perspectives: Accession and Asylum in an Expanded European Union. Manifestly Unfounded Claims' in R. Byrne, G. Noll, and J. Vedsted-Hansen (eds.), New Asylum Countries? Migration Control and Refugee Protection in an Enlarged European Union (The Netherlands: Kluwer Law International, 2002), 403-408.
Reproduced from R. Byrne, G. Noll, and J. Vedsted-Hansen (eds.) New Asylum Countries? Migration Control and Refugee Protection in an Enlarged European Union (Kluwer Law International The Netherlands 2002), ISBN 9041117539, Ch. 8 pp. 403-408. (c) 2002 Kluwer Law International. With the kind permission of Brill Academic Publisher.
Manifestly Unjust: A Report on the Fairness and Sustainability of Accelerated Procedures for Asylum Determination
S. Mullally, Manifestly Unjust: A Report on the Fairness and Sustainability of Accelerated Procedures for Asylum Determination (September 2001), Ch. 2, 4 (59-65), 5.
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