2. The birth of EU Asylum Policy: The respect of the principles of the UN Geneva Convention (1951) on the refugee status by the EU – The Qualification Directive and financement Flashcards
What is the definition of asylum?
Αsylum is an ancient legal concept, under which persons persecuted by their own country may be protected by another sovereign authority, a foreign country.
What did the 1967 Protocol change for refugees?
It extended the definition without temporal or geographical limitation.
What does persecution mean?
“Fear” refers not only to persons who have actually been persecuted, but also to those who wish to avoid a situation entailing the risk of persecution.
Persecution must be distinguished from punishment for a common law offence.
What do we mean by “nationality”?
Refers also to membership of an ethnic or linguistic group and may occasionally overlap with the term “race” - Not to be understood as citizenship.
What are the refugees sur place?
Circumstances substantiating the refugee status might be created after leaving the country – those refugees are called refugee sur place.
What are the exceptions for the non-refoulement?
Two conditions must be fulfilled:
- the refugee must have been convicted by final - judgment for a particularly serious crime, and
- he must constitute a danger to the community of the country.
When does the refugee status stop?
A third-country national or a stateless person shall cease to be a refugee if he or she:
(a) has voluntarily re-availed himself or herself of the protection of the country of nationality; or
(b) having lost his or her nationality, has voluntarily re-acquired it; or
(c) has acquired a new nationality, and enjoys the protection of the country of his or her new nationality; or
(d) has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to fear of persecution; or
(e) can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of the country of nationality; or
(f) being a stateless person, he or she is able, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, to return to the country of former habitual residence.
