Eleni Karageorgiou
Forskare (tjänstledig)
Challenging the legality of externalisation in Oceania, Europe and South America: an impossible task?
Författare
Summary, in English
The lack of success of legal challenges made against externalisation policies of various kinds is taken up in this article written by three authors focusing on three very different contexts: Oceania, Europe and South America. This comparative analysis highlights that externalisation practices are hard to challenge across the globe in the courts but for a variety of reasons. In Oceania, there is a lack of
regional human rights agreements which means that decisions in Papua New Guinea or Nauru may be undermined by decisions made by courts in Australia,
the country responsible for the externalisation policies in question. In Europe, an unwillingness by EU institutions to take responsibility for the Turkey-EU deal (which enables EU Member States to reject asylum claims on the basis that they could have sought protection in a safe ‘non-EU country’ en route to the EU) has meant that it is hard to identify whom to hold to account. In South America, Venezuelan asylum seekers are likewise being rejected if they do not have an acceptable explanation for why they have not applied for protection in one of the countries en route to Peru, such as Colombia or Ecuador. However, the ad hoc and informal way these policies are being implemented means they are hard to
challenge on a legal basis.
regional human rights agreements which means that decisions in Papua New Guinea or Nauru may be undermined by decisions made by courts in Australia,
the country responsible for the externalisation policies in question. In Europe, an unwillingness by EU institutions to take responsibility for the Turkey-EU deal (which enables EU Member States to reject asylum claims on the basis that they could have sought protection in a safe ‘non-EU country’ en route to the EU) has meant that it is hard to identify whom to hold to account. In South America, Venezuelan asylum seekers are likewise being rejected if they do not have an acceptable explanation for why they have not applied for protection in one of the countries en route to Peru, such as Colombia or Ecuador. However, the ad hoc and informal way these policies are being implemented means they are hard to
challenge on a legal basis.
Avdelning/ar
- Rätt och utsatthet
- Mänskliga rättigheter
- Folkrätt
- Juridiska institutionen
- Migrationsrätt
Publiceringsår
2021-11
Språk
Engelska
Sidor
23-23
Publikation/Tidskrift/Serie
Forced Migration Review
Issue
68
Länkar
Dokumenttyp
Artikel i tidskrift
Förlag
The Refugee Studies Centre, University of Oxford
Ämne
- Law
Nyckelord
- Public international law
- EU-Turkey statement
- Due process
- Asylum
- Externalisation
- Folkrätt
Aktiv
Published
Forskningsgrupp
- Law and Vulnerabilities
- Human Rights Law
- Public International Law
- Migration Law
ISBN/ISSN/Övrigt
- ISSN: 1460-9819