Refugee Rights

Question 1

Soering v UK ECHR

Answer 1

Action which has a direct consequence of an individual proscribed ill-treatment

German national in U.K., faced deportation to the US for Capital punishment was against article 3 of the ECHR

Question 2

Chalal v UK - ECHR

Answer 2

HE situation in the Indian province of Punjab meant that the deportation of a Sikh separatist would be a violation of article 3 ECHR despite him being considered a terrorist and threat to national security

Question 3

Tribunal De alAdministratif de Lyon, France 12 June 1996

Answer 3

Female genital mutilation is inhuman and degrading treatment and precludes prevents deportation of women and girls to contrives where they’d be made subject to the practice

Question 4

Roma case

Answer 4

Concerned A group of Romas from the Czech Republic I think, double check and the name of the case))) but they were stopped from going to the UK and the HoL in the U.K. Said that non-redoulement had not been breached because the applicants had not left their country of nationality and were stopped in the airport

Question 5

Hirsi Jamaa v Italy ECHR

Answer 5

Italian coast guards interception a boat of asylum seekers sending it back to Tunisia, was held to be against the principle of no -refoulement, extended it to beyond the borders

Question 6

MSS v Belgium and Greece ECHR

Answer 6

Links non refoulement with torture and degrading treatment as in article 7 ICCPR and article 3 ECHR because Belgium were liable for sending the applicant back to Greece to seek refugee status as they ought to have known that the conditions of detention in Greece would have subjected the applicant to inhuman or degrading treatment
> Greece were liable for such treatment

Question 7

What does the UNHCR guidelines state on detention 2012

Answer 7

• detention must be in accordance with the law
• right to seek asylum must be respected - right to free movement, liberty and security apply to asylum seekers
• detention cannot be arbitrary and based on an individual assessment of personal circumstances
• alternatives must be considered
• conditions must be humane and dignified
• indefinite detention is arbitrary and maximum limits should be set by law