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Training Materials on Access to Justice for Migrants - Module I: Fair Asylum Procedures and Effective Remedy

Date of creation
Name of project
FAIR PLUS Project (Fostering Access to Immigrants’ Rights – Practical training for Lawyers and JUdgeS)
EU or national law
EU law
Practice area
Administrative mattersEU lawFundamental rightsHuman rightsImmigration and asylum law
Type of self-learning material
Self-learning material
Target group
JudgesLawyersOther
Languages
English
Links to language versions
Link
Training Materials on Access to Justice for Migrants - Module I: Fair Asylum Pr…

Description

Main learning objectives:

The first module of the training materials on access to justice for migrants provides an overview of the guiding principles on asylum procedural law. It allows participants to get an in-depth insight into the relevant international and EU instruments building the legal framework on asylum procedural law. The module explores general principles of asylum procedural law, looking at fair procedures, the prohibition of refoulement, non-discrimination and the special guarantees for vulnerable groups, including children. It further examines certain specific aspects of asylum procedural law, such as access to the territory and to the asylum procedure, the right to an effective remedy and the right for asylum-seekers to access information. The importance of the right to a free and competent interpreter, to legal assistance and to a personal interview, are also explored in this module. Participants thereafter learn about the time-limits in the asylum procedure, as well as the standard and burden of proof, and are finally introduced to the safe country concepts. This module thereby equips participants with knowledge of the legal framework surrounding fair asylum procedures and effective remedy, allowing them to better grasp the importance of such procedural rights and understand their practical implementation. This project is funded by the European Union’s Justice Programme.

Table of contents:

  1. Legal Framework
  2. International Legal Framework

Introduction

  1.  
    1. The 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the UN HCR’s supervisory mandate
    2. International Human Rights Law
    3. Asylum as a general principle in international law
  2. EU legal framework
    1. EU Charter of Fundamental Rights
      1. Fundamental rights in the Charter: The relationship with the European Convention on Human Rights
      2. EU Charter: article 18
    2. Asylum Procedures Directive (APD)
  3. General Principles
  4. Fair procedures in asylum claim determinations
  5. Prohibition of refoulement
  6. Non-discrimination
  7. Vulnerable groups

Special guarantees for children

  1. Access to the territory and to the asylum procedure
  2. Access to the territory
  3. Access to the asylum procedure
  4. The right to an effective remedy
  5. Access to information
  6. Language of the intervener and the right to a free and competent interpreter
  7. The right to legal assistance, legal representation and legal aid
  8. The right to a personal interview
  9. Time-limits in the asylum procedure
  10. Lengthy asylum procedures
  11. Time limits for appeals
  12. Short time-limits in first instance asylum procedures and in appeal procedures
  13. The standard and burden of proof
  14. Safe country concepts