Publication date: 29.05.2024
Legal Aspects of Migration Policy and Refugees
Introduction
Migration policy and refugee protection are important aspects of international law and national legal systems. These issues are regulated by various international treaties, conventions and national legislation aimed at ensuring the rights and freedoms of migrants and refugees.
International Legal Framework
Convention relating to the Status of Refugees (1951)
The main international instrument governing the status of refugees is the 1951 Convention relating to the Status of Refugees (Geneva Convention) and the 1967 Protocol to the Convention. The main provisions of the Convention include:
- Definition of a refugee: a person who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or unwilling to enjoy the protection of that country.
- Basic rights of refugees: the right to work, education, housing, social security, freedom of movement and access to the judicial system.
- Prohibition of expulsion or return (principle of non-refoulement): the prohibition of expelling or returning refugees to countries where their lives or freedom are threatened.
International Organisations
- The United Nations High Commissioner for Refugees (UNHCR): the main international organisation that protects the rights of refugees and provides assistance to them.
- International Organisation for Migration (IOM): an intergovernmental organisation that coordinates international cooperation in the field of migration and provides various services and assistance to migrants.
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European Law
Common European Asylum System
The European Union (EU) has developed the Common European Asylum System (CEAS), which includes a number of directives and regulations:
- Dublin Regulation: determines the EU country responsible for processing an asylum application.
- Reception Conditions Directive: sets standards for the conditions of reception of asylum seekers.
- Qualification Directive: defines the criteria for granting refugee status or subsidiary protection.
- Asylum Procedures Directive: sets out the rules and procedures for processing asylum applications.
European Court of Human Rights (ECHR)
The ECtHR plays a key role in protecting the rights of refugees and migrants, in particular through the interpretation and application of the European Convention on Human Rights, especially Article 3 (prohibition of torture) and Article 8 (right to respect for private and family life).
National Legislation
Each country has its own laws and policies on migration and refugees, which must be in line with international standards and obligations. The main aspects of national migration policy include:
Asylum procedures
- Submitting an application: a person may submit an asylum application to the relevant state authority.
- Review of the application: the competent authorities review the application, conduct interviews and evaluate the evidence.
- Decisions and appeals: the applicant is granted refugee status or subsidiary protection, or is refused asylum. In case of refusal, the applicant has the right to appeal the decision.
