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Conditions and Criteria for Determining Asylum

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Abstract

This contribution concentrates on the conditions and criteria for determining an asylum application. Following aspects are discussed, in particular: Access to procedures, independent decision-making authority, fully qualified decision-maker, thorough and individual examination of an asylum application, access to legal counsel, access to information in applicant’s own language, right of confidentiality, reasonable time to prepare a case, benefit of doubt, reasoned decision, equality in access to evidence, right to an effective appeal. The contribution uses as its frame of reference the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status and the Amnesty International safeguards on determining refugee status and contrasts these with experiences from Greece and Italy.

As an Amnesty International employee and activist I will particularly refer to the positions of this organization, but the responsibility for what is written remains exclusively mine.

Alessandra Ricci Ascoli, policy officer at Amnesty International.

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Notes

  1. 1.

    UNHCR 1992.

  2. 2.

    Jones 2009 p. 53.

  3. 3.

    Amnesty International 2009.

  4. 4.

    See among others Human Rights Watch 2008 and Pro-Asyl and Group of Lawyers for the Rights of Refugees and Migrants 2007.

  5. 5.

    Consorzio Italiano di Solidarietà 2005.

  6. 6.

    See supra n. 2, Sect. 8.1, para 196.

  7. 7.

    See supra n. 5, Sect. 8.2.4, p. 70.

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© 2011 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors

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Ascoli, A.R. (2011). Conditions and Criteria for Determining Asylum. In: Goudappel, F., Raulus, H. (eds) The Future of Asylum in the European Union. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-90-6704-802-6_8

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