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UNHCR Observations on the Nationality and Borders Bill, Bill 141, 2021-22

October 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

UNHCR comments on the Bill for partial amendments to the Immigration Control and Refugee Recognition Act submitted to the 204th Diet session of year 2021 Based on the Recommendations of the Sub-Committee on Detention and Deportation (SCDD), 7th Immigration Control Policy Discussion Panel

9 April 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

UNHCR Observations on the Proposal for amendments to the Danish Alien Act (Introduction of the possibility to transfer asylum-seekers for adjudication of asylum claims and accommodation in third countries)

8 March 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Opinion of Advocate General Hogan, delivered on 11 February 2021, Case C‑921/19, LH v. Staatssecretaris van Justitie en Veiligheid

The maintenance by a determining authority of a Member State of a practice whereby original documents can never constitute new elements or findings for the purposes of a subsequent asylum application if the authenticity of those documents cannot be established is incompatible with Article 40(2) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 4(2) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. There is no difference between copies of documents or documents originating from a non-objectively verifiable source submitted by an applicant in a subsequent application in so far as all documents have to be considered carefully and rigorously on an individual basis in order to ascertain whether they significantly add to the likelihood that the applicant qualifies as a beneficiary of international protection and in order to prevent a person from being expelled if he or she faces an individual and real risk of being subjected to treatment contrary to Article 19(2) of the Charter of Fundamental Rights of the European Union. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(2) of Directive 2011/95, cannot be interpreted as permitting a determining authority of a Member State, when assessing documents and assigning probative value to such documents, to distinguish between documents submitted in an initial application and those submitted in a subsequent application. A Member State, when assessing documents in a subsequent application, is obliged to cooperate with the applicant to the same extent as in the initial procedure.

11 February 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Fresh / New claim - Refugee / Asylum law | Countries: Afghanistan - Netherlands

Albania: Law No. 10/2021 on Asylum in the Republic of Albania

1 February 2021 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Switzerland: Judgement FAC E-7092_2017 of 25 January 2021[1542]

The TAF decided in a principle judgment that the right to family life should be taken into account in a Dublin procedure, even if the family member in Switzerland does not have a secure right of residence.

25 January 2021 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification - Refugee / Asylum law - Residence permits / Residency | Countries: Switzerland - Syrian Arab Republic

Commentaires du Haut Commissariat des Nations Unies pour les réfugiés concernant la proposition de résolution relative à l'instauration d'un modèle de migration européen à visage humain permettant de lutter effectivement contre le trafic d'êtres humains et la migration illégale du 30 septembre 2020 déposée par M. Theo Francken et consorts (DOC 55 1543/001)

15 January 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Chad: Law No 027/PR/2020, Portant Asile en Republique du Tchad

31 December 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Austria: Federal Act Concerning the Granting of Asylum (2005 Asylum Act - Asylgesetz 2005)

23 December 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Austria: Federal Act Laying Down General Stipulations Concerning Procedures Before the Federal Office for Immigration and Asylum in Relation to the Granting of International Protection, Residence Permits on Grounds Deserving of Consideration and Temporary Leave to Remain, the Imposition of Deportation Orders and Measures to Terminate Residence and the Issuance of Austrian Documents to Aliens (Federal Office Procedure Act; BFA-Verfahrensgesetz)

23 December 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

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