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Asylum Legislation (Accelerated Airport Procedure) 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 — Procedure for dealing with claims — “Accelerated airport procedure” — Summary refusal of entry to asylum seekers where claim “manifestly unfounded” — General conditions for recourse to accelerated procedure — Specific procedural safeguards — Refusal of entry — Right to interim relief granting stay of enforcement only where “serious doubts” as to lawfulness of refusal of entry — Justification in public interest — Constitutionality — Basic Law of Federal Republic of Germany, Article 16a(4)

Human rights — Right to personal freedom — Detention of asylum seekers in transit area at international airport during “accelerated asylum procedure” — Whether violating right to equality — Procedural safeguards — Whether violating right to fair hearing — Whether asylum seeker entitled to notification of reasons for refusal of entry prior to its enforcement — Basic Law of the Federal Republic of Germany, Articles 2, 3(1), 103(1) and 104 — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 2007

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