Asylum

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The Nationality and Borders Bill: Closing Space for Humanitarian Assistance at Sea

On 6 July 2021, the UK Government published the Nationality and Borders Bill, Bill 14 of 2021-22. Secretary of State for the Home Department Priti Patel, who sponsors the Bill, described its motivation as follows: The British people have had enough of open borders and uncontrolled immigration; enough of a failed asylum system that costs the taxpayer more than £1 billion a year; enough of dinghies arriving illegally on our shores, directed by organised crime gangs; enough of people drowning on these dangerous, illegal and unnecessary journeys […]. The Bill has gone through 1st and 2nd readings in the House of Commons and, at the time of writing, is with the Public Bill Committee, which is due to report to the House of Common by 4 November 2021. The Bill has elicited sharp criticisms from international organizations like the United Nations High Commissioner for Refugees and professional bodies like the Law Society of England and Wales, which express concerns about its operability…

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The New Palestinian Refugees

According to numbers The Guardian published on May 17, 2021, the current Israeli attack on Gaza has killed 200 Palestinians, including 59 children. 34,000 have been displaced from their homes. It is hard to assess the accuracy of these numbers. Very likely, the death toll will be higher: the violence has not ebbed, and bodies…

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Non-refoulement During a Health Emergency

The rapid spread of the COVID-19 virus worldwide has sparked continuous scientific debates about the impact of the health emergency and its legal implications. In an attempt to expand this growing debate, this short post aims to shed some light on the impact this emergency is having on asylum seekers and, therefore, to examine the possible tensions…

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M.N. and Others v Belgium: no ECHR protection from refoulement by issuing visas

 With its inadmissibility decision in M.N. and Others v Belgium delivered on 5 May 2020, the Grand Chamber of the ECtHR made it clear that individuals who apply for visas at embassies with the intention to seek protection, do not fall within the jurisdiction of the ECHR State Parties in the sense of Article 1 ECHR. As…

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N.A. v. Finland – On the quality of the national authorities’ risk assessment and what the authorities should learn from the case

  On 14 November 2019, the European Court of Human Rights delivered a judgement in the case N.A. v. Finland (application no. 25244/18). The ECtHR found that Finland had violated Articles 2 and 3 of the European Convention on Human Rights when assessing an Iraqi man’s asylum application. Having exhausted all domestic remedies, the applicant’s father, an…

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