Last Updated: Thursday, 04 November 2021, 06:38 GMT

Legal Information

The Refworld legal collection has been designed primarily as a tool for disseminating and promoting (international) law relating to refugees, asylum seekers, stateless persons and other persons of concern to UNHCR.

UNHCR staff, refugee lawyers, all those involved with refugee-status determination within Governments, and others concerned with the rights of refugees and asylum seekers, can find a wealth of relevant documents in the collection. Included in the collection is a unique jurisprudence collection, covering more than 40 national jurisdictions, and a vast amount of international judgments and decisions from the United Nations, the European Court of Human Rights and other international and regional courts. A comprehensive collection of international instruments relating to refugees and human rights, with the most recent lists of States Parties to key conventions, is also available. The legislation collection, contains national and international legislation relevant in assessing asylum claims and is the largest collection of its kind. Finally, Refworld contains many special agreements, such as memoranda of understanding, host-country agreements and voluntary repatriation agreements.

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Background Note on Discrimination in Nationality Laws and Statelessness

20 October 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

A.M. (au nom de M.K.A.H.) c. Suisse

Discrimination; intérêt supérieur de l’enfant; développement de l’enfant; droit de l’enfant d’être entendu dans toute procédure judiciaire ou administrative l’intéressant; protection et assistance humanitaire voulues pour les enfants réfugiés; droit de l’enfant de jouir du meilleur état de santé possible; traitements inhumains ou dégradants

6 October 2021 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Document type: Case Law | Topic(s): Children's rights - Convention on the Rights of the Child (CRC) - Freedom from torture, inhuman and degrading treatment - Rule of law / Due process / Procedural fairness - Statelessness | Countries: Bulgaria - Switzerland - Syrian Arab Republic

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

OPINION OF ADVOCATE GENERAL PIKAMÄE, in Case C‑483/20 XXXX v Commissaire général aux réfugiés et aux apatrides (Request for a preliminary ruling from the Conseil d'État (Belgium))

1. Migratory journeys are often the result of a combination of two elements: chance and necessity. In the case before the Court, a Syrian national, after travelling through Libya and Turkey, arrived in Austria, where, out of necessity, he lodged an application for international protection. After obtaining refugee status, he went to Belgium to be reunited with his two children, one of whom is a minor, and there lodged a new application for international protection, which was declared inadmissible in view of the prior recognition granted in the first Member State. 2. It is against that background that the question arises, to my knowledge for the first time, whether, in particular, the fundamental right to respect for family life enshrined in Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’), read in conjunction with the obligation to take into consideration the child’s best interests set out in Article 24(2) of the Charter, can override the inadmissibility mechanism for applications for international protection laid down in Article 33(2)(a) of Directive 2013/32/EU. (2)

30 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: Austria - Belgium - Syrian Arab Republic

UNHCR observations on draft Amendments to the Law of the Republic of Lithuania on Legal Status of Aliens (No 21-29207)

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

UNHCR Observations on the proposed amendments to the Finnish Aliens Act Hallituksen esitys eduskunnalle laiksi ulkomaalaislain muuttamisesta

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

Somali Association of South Africa and Others v The Refugee Appeal Board and Others (Case no 585/2020) [2021] ZASCA 124 (23 September 2021)

23 September 2021 | Judicial Body: South Africa: Supreme Court of Appeal | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Somalia - South Africa

Letter from UNRWA to UNHCR describing UNRWA's mandate and services

22 September 2021 | Publisher: UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) | Document type: Memoranda

UNHCR observations on the draft law amending the Act on Foreigners and the Act on Granting Protection to Foreigners in the territory of the Republic of Poland (UD265)

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

CASE OF ABDI v. DENMARK (Application no. 41643/19)

The case concerns the Danish authorities’ decision in 2018 to expel the applicant, with a permanent ban on his re-entry to the country, following his conviction for possession of a firearm. Relying on Article 8 (right to respect for private and family life) of the European Convention, the applicant submits that, in their decisions, the Danish courts failed to weigh in the balance that he did not have a significant criminal past, that he had never been issued with a warning that he might be expelled, and that he had strong ties to Denmark where he has lived with his family since he was four years old.

14 September 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion | Countries: Denmark - Somalia

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