folder VI.2.4.4.1 Accelerated and Manifestly Unfounded Procedures

Main Debate

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 channelling claims into accelerated procedures

Editor’s Note

 

A discussion of accelerated and manifestly unfounded procedures should also consider their relationship to the notions of safe third country and safe country of origin. A consideration of procedural safeguards should consider issues such as, inter alia, legal representation, oral hearings, and appeals, with and without, suspensive effect.

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