Hostname: page-component-cd9895bd7-dzt6s Total loading time: 0 Render date: 2024-12-23T17:15:16.132Z Has data issue: false hasContentIssue false

Asylum Legislation (Safe Third Countries) Constitutionality Case

Federal Republic of Germany.  14 May 1996 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Aliens — Refugees — Right to asylum on grounds of political persecution — Exceptions — Safe third country rule — Geneva Convention relating to the Status of Refugees, 1951 — Whether any binding rules under international law laying down minimum procedural requirements for determination of refugee status — Persons arriving from safe third countries — Automatic exclusion from right to asylum — Constitutional designation of all European Community Member States as “safe” — Provision for legislative designation of other third States as “safe” on condition that application of European Convention on Human Rights, 1950, and Geneva Refugee Convention, 1951, assured — Conclusive presumption that individual will be safe in designated “safe” States on basis of “normative certification” — Exclusion of examination on individual case-by-case basis — Exceptions only where compelling factual evidence of specific unusual risk to individual in third country concerned, sudden change of circumstances there or systematic infringement of principle of non-refoulement — Whether safe third country rule compatible with Federal German Basic Law

Aliens — Refugees — Non-refoulement — Primacy of international agreements over national law — Development of new international system of protection based on burden-sharing between participating States — Safe third country rule — Compatibility with principle of non-refoulement — Scope of principle of non-refoulement — Whether prohibiting deportation to State where individual at risk of onward deportation to persecuting State — The law of the Federal Republic of Germany

Keywords

Type
Case Report
Copyright
© Cambridge University Press 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)