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Accessing Asylum in EuropeExtraterritorial Border Controls and Refugee Rights under EU Law$
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Violeta Moreno-Lax

Print publication date: 2017

Print ISBN-13: 9780198701002

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780198701002.001.0001

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Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)

Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)

Chapter:
(p.395) 10 Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)
Source:
Accessing Asylum in Europe
Author(s):

Violeta Moreno-Lax

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198701002.003.0010

The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standards’ approach, it is concluded that fair trial and effective remedy guarantees are applicable in the context of pre-border controls, including the right to a hearing in person and to an appeal ‘with automatic suspensive effect’. In light of this, it is argued that inherent in a claim to international protection or in a plea of non-refoulement is an entitlement to provisional admission to the territory of the intercepting Member State for the purpose of such procedures as may be necessary to guarantee the effectiveness of the rights that protection seekers derive from EU law.

Keywords:   Procedural safeguards, asylum procedure, RSD, refugee status determination, Article 16 CSR51, access to court, effective judicial protection, good administration, Article 14 ICCPR, Article 2 ICCPR, Article 7 ICCPR, Article 3 ECHR, Article 13 ECHR, Article 47 CFR, Article 41 CFR, good administration, hearing in person, right to be heard, adversarial proceedings, impartiality, effective remedy, suspensive effect, Hirsi, Conka, Sharifi, M.S.S, Gebremedhin, appeal, legal assistance

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