The Intersection of Asylum Law and International Human Rights Law

The Refugee Convention of 1951 and its 1967 Protocol are the primary legal instruments that define the rights and responsibilities of refugees and the obligations of states in providing protection.

Non-refoulement is a fundamental principle in international law that prohibits states from returning refugees to a country where they would face persecution or serious harm.

The right to life, liberty and security of person, and freedom of expression are among the fundamental human rights that are particularly relevant in the context of asylum law, as they are often at risk for individuals seeking refuge.

The UNHCR is the UN agency responsible for coordinating international cooperation on refugee protection, providing legal assistance to asylum seekers, and determining the refugee status of individuals.

Asylum seekers often face a range of challenges in accessing protection, including lack of information about asylum procedures, discrimination and xenophobia, limited access to legal aid and representation, and protracted asylum procedures.

The principle of temporary protection requires states to provide asylum seekers with basic necessities, such as shelter, food, and healthcare, while their asylum claims are being processed.

The principle of family reunification in asylum law encompasses the right of refugees to be reunited with their family members, the obligation of states to facilitate such reunification, and the prohibition of separating families at the border.

The principle of non-discrimination in asylum law prohibits discrimination against asylum seekers on the basis of race, religion, nationality, or other grounds, and requires states to provide equal access to asylum procedures and equal treatment under the law for all asylum seekers.

The principle of due process in asylum law encompasses the right of asylum seekers to a fair and impartial hearing of their asylum claim, the obligation of states to provide legal representation to asylum seekers, and the right of asylum seekers to appeal a negative decision on their asylum claim.

The principle of effective protection in asylum law encompasses the obligation of states to provide effective protection to asylum seekers from persecution and harm, the prohibition of returning asylum seekers to a country where they would face persecution or serious harm, and the right of asylum seekers to seek asylum in a country of their choice.

The principle of burden of proof in asylum law places the onus on asylum seekers to prove that they meet the definition of a refugee, as defined in the Refugee Convention of 1951 and its 1967 Protocol.

The principle of cessation of refugee status provides that refugee status may be terminated when the circumstances that led to the grant of refugee status no longer exist, such as when the country of origin becomes safe for the refugee to return to.

The principle of voluntary repatriation in asylum law encompasses the right of refugees to return to their country of origin voluntarily, the obligation of states to facilitate such repatriation, and the prohibition of forced repatriation of refugees.

The principle of resettlement in asylum law encompasses the transfer of refugees from one country to another for the purpose of permanent settlement, the obligation of states to provide resettlement opportunities for refugees, and the right of refugees to choose the country they wish to be resettled in.