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Asylum Legislation (Safe Countries of Origin) Constitutionality Case

Federal Republic of Germany.  14 May 1996 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Refugees — Right to asylum on grounds of political persecution — Exceptions — Safe country of origin rule — Constitutional provision for legislative designation of States as safe countries of origin — Such legislative designation creating presumption of absence of political persecution in those countries — Conditions for designation of country as safe — Requirement that application of European Convention on Human Rights, 1950, and Geneva Refugee Convention, 1951, assured — Requirement that no persecution nationwide — Whether internal flight alternative relevant — Asylum claims from countries designated as safe to be automatically rejected as manifestly unfounded in absence of rebuttal of presumption of absence of persecution — Standard of proof for rebuttal of presumption — Requirement of clearly substantiated evidence of individual circumstances involving risk of persecution of applicant rather than conditions obtaining generally — Scope of judicial review of legislative designation of safe country of origin — Whether role of courts limited to determining that designation based on proper grounds and not manifestly unreasonable — Whether safe country of origin rule compatible with Federal German Basic Law

Human rights — Inhuman or degrading treatment — Whether including torture — European Convention on Human Rights, 1950, Article 3 — Whether country imposing death penalty automatically excluded from being designated as safe country of origin for purposes of asylum law — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 2007

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