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The Non-admission and Return of Protection Seekers in Germany

Noll, Gregor LU (1997) In International Journal of Refugee Law 9(3). p.415-452
Abstract
Since the German reform of asylum law in 1993, statistics indicate a significant decrease of protection claims and an increasing number of deportations. This article presents relevant domestic legislation and international agreements contributing to this development It focuses on how domestic and international law interact to inhibit or end the presence of protection seekers on German territory. In a first move, a conceptual framework for the analysis of readmission is introduced, which distinguishes pre-procedure returns from post-procedure returns. Secondly, the legal basis for non-admission and return in German law is presented along with existing readmission obligations in international agreements to which Germany is a party. Thirdly,... (More)
Since the German reform of asylum law in 1993, statistics indicate a significant decrease of protection claims and an increasing number of deportations. This article presents relevant domestic legislation and international agreements contributing to this development It focuses on how domestic and international law interact to inhibit or end the presence of protection seekers on German territory. In a first move, a conceptual framework for the analysis of readmission is introduced, which distinguishes pre-procedure returns from post-procedure returns. Secondly, the legal basis for non-admission and return in German law is presented along with existing readmission obligations in international agreements to which Germany is a party. Thirdly, those areas are singled out which give rise to concern from a protection perspective. Of all the existing arrangements, pre-procedure return to Safe Third Countries emerges as the most problematic feature. It is in some regards discriminatory, it impedes equitable burden-sharing, and it promotes fragmentation of European refugee law. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Human Rights, Migration Law, Refugee Law, mänskliga rättigheter, migrationsrätt, flyktingrätt
in
International Journal of Refugee Law
volume
9
issue
3
pages
415 - 452
publisher
OUP
external identifiers
  • Scopus:0008050946
ISSN
0953-8186
language
English
LU publication?
yes
id
2c3a9883-b003-414e-a71a-da82d90d7eda
date added to LUP
2016-06-07 15:39:33
date last changed
2016-10-13 05:09:53
@misc{2c3a9883-b003-414e-a71a-da82d90d7eda,
  abstract     = {Since the German reform of asylum law in 1993, statistics indicate a significant decrease of protection claims and an increasing number of deportations. This article presents relevant domestic legislation and international agreements contributing to this development It focuses on how domestic and international law interact to inhibit or end the presence of protection seekers on German territory. In a first move, a conceptual framework for the analysis of readmission is introduced, which distinguishes pre-procedure returns from post-procedure returns. Secondly, the legal basis for non-admission and return in German law is presented along with existing readmission obligations in international agreements to which Germany is a party. Thirdly, those areas are singled out which give rise to concern from a protection perspective. Of all the existing arrangements, pre-procedure return to Safe Third Countries emerges as the most problematic feature. It is in some regards discriminatory, it impedes equitable burden-sharing, and it promotes fragmentation of European refugee law.},
  author       = {Noll, Gregor},
  issn         = {0953-8186},
  keyword      = {Human Rights,Migration Law,Refugee Law,mänskliga rättigheter,migrationsrätt,flyktingrätt},
  language     = {eng},
  number       = {3},
  pages        = {415--452},
  publisher    = {ARRAY(0xac533f8)},
  series       = {International Journal of Refugee Law},
  title        = {The Non-admission and Return of Protection Seekers in Germany},
  volume       = {9},
  year         = {1997},
}