Appeal in the Externalised Processing of Asylum Claims
(2002)Department of Law
- Abstract
- This thesis approaches a field in refugee law, which is rather untouched by the researching community so far. The specific procedure scrutinised is the procedure allowing for asylum applications to be submitted at EU Member States' diplomatic and consular representations abroad. In the thesis this procedure goes under the name externalised processing. The specific aspect focused on is the possibility to appeal asylum applications, when the initial application was submitted at a representation abroad. A legal analysis is undertaken in regard to whether persons in need of protection in fact have a legal right to apply for asylum at foreign diplomatic representations. Article 3 of the European Convention for Human Rights is accentuated as... (More)
- This thesis approaches a field in refugee law, which is rather untouched by the researching community so far. The specific procedure scrutinised is the procedure allowing for asylum applications to be submitted at EU Member States' diplomatic and consular representations abroad. In the thesis this procedure goes under the name externalised processing. The specific aspect focused on is the possibility to appeal asylum applications, when the initial application was submitted at a representation abroad. A legal analysis is undertaken in regard to whether persons in need of protection in fact have a legal right to apply for asylum at foreign diplomatic representations. Article 3 of the European Convention for Human Rights is accentuated as obliging states to issue entry visas for persons who otherwise would be tortured, as persons requesting an entry visa or asylum at an embassy is in fact subjected to the embassy state's jurisdiction. This conclusion may be drawn, as Article 1 obliges State Parties to grant everyone within their jurisdiction the rights and freedoms as defined in Section I of the Convention. Moreover, if Article 13 is read together with Article 1 and 3, the conclusion may be drawn that this combination obliges State Parties to provide for an effective remedy to an applicant who is refused an entry visa and as a consequence risks to be subjected to torture. The State Parties may, however, to a great extent use their margin of discretion to decide what constitutes an effective remedy. Therefore such a remedy does not have to be appeal, but could be e.g. reassessment of the application, provided that it is effective. Two models are outlined for externalised processing of asylum claims: the one-step model where the applicant will await the decision in the country where the application was submitted, and the two-step model where an initial visa decision will be taken, which if positive, allows the applicant to travel to the country of destination before the actual decision on her application has been taken. A number of pages with comparative material, comparing the appeal procedures for visa and territorial asylum appeals with appeals in externalised processing, allows for the conclusion that it is always possible to lodge an appeal against a negative decision on the actual asylum claim. However, four of the six states under scrutiny apply the two-step model, meaning that an initial decision will be made. For reaching a decision in the initial step the decision-taking authority will assess whether it is likely that the applicant will be granted asylum if she is admitted. Therefore, this initial phase has more in common with the territorial asylum procedure than with the visa procedure, but still all four countries apply rules similar to the visa procedure for appeals of this initial visa decision (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1557394
- author
- Fagerlund, Jessica
- supervisor
- organization
- year
- 2002
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Folkrätt
- language
- English
- id
- 1557394
- date added to LUP
- 2010-03-08 15:55:21
- date last changed
- 2010-03-08 15:55:21
@misc{1557394,
abstract = {{This thesis approaches a field in refugee law, which is rather untouched by the researching community so far. The specific procedure scrutinised is the procedure allowing for asylum applications to be submitted at EU Member States' diplomatic and consular representations abroad. In the thesis this procedure goes under the name externalised processing. The specific aspect focused on is the possibility to appeal asylum applications, when the initial application was submitted at a representation abroad. A legal analysis is undertaken in regard to whether persons in need of protection in fact have a legal right to apply for asylum at foreign diplomatic representations. Article 3 of the European Convention for Human Rights is accentuated as obliging states to issue entry visas for persons who otherwise would be tortured, as persons requesting an entry visa or asylum at an embassy is in fact subjected to the embassy state's jurisdiction. This conclusion may be drawn, as Article 1 obliges State Parties to grant everyone within their jurisdiction the rights and freedoms as defined in Section I of the Convention. Moreover, if Article 13 is read together with Article 1 and 3, the conclusion may be drawn that this combination obliges State Parties to provide for an effective remedy to an applicant who is refused an entry visa and as a consequence risks to be subjected to torture. The State Parties may, however, to a great extent use their margin of discretion to decide what constitutes an effective remedy. Therefore such a remedy does not have to be appeal, but could be e.g. reassessment of the application, provided that it is effective. Two models are outlined for externalised processing of asylum claims: the one-step model where the applicant will await the decision in the country where the application was submitted, and the two-step model where an initial visa decision will be taken, which if positive, allows the applicant to travel to the country of destination before the actual decision on her application has been taken. A number of pages with comparative material, comparing the appeal procedures for visa and territorial asylum appeals with appeals in externalised processing, allows for the conclusion that it is always possible to lodge an appeal against a negative decision on the actual asylum claim. However, four of the six states under scrutiny apply the two-step model, meaning that an initial decision will be made. For reaching a decision in the initial step the decision-taking authority will assess whether it is likely that the applicant will be granted asylum if she is admitted. Therefore, this initial phase has more in common with the territorial asylum procedure than with the visa procedure, but still all four countries apply rules similar to the visa procedure for appeals of this initial visa decision}},
author = {{Fagerlund, Jessica}},
language = {{eng}},
note = {{Student Paper}},
title = {{Appeal in the Externalised Processing of Asylum Claims}},
year = {{2002}},
}