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Adjudication of asylum claims (refugee status determination / asylum procedures) / Safe country of origin

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Observations by the United Nations High Commissioner for Refugees Representation for Northern Europe on the proposal to introduce in Sweden a list of safe countries of origin ("Uppenbart ogrundade asylansökningar och fastställande av säkra ursprungsländer, Ds 2020:2")

31 March 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Montenegro: Rulebook on Safe Countries of Origin

18 December 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

Italy: Decree of the Ministry of Foreign Affairs and International Cooperation of 4 October 2019

4 October 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

UNHCR Statement on safe country concepts and the right to an effective remedy in admissibility procedures, Issued in the context of the preliminary ruling reference to the Court of Justice of the European Union in the case of LH v Bevándorlási és Menekültügyi Hivatal (C-564/18)

September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

Feher et al v Minister of Public Safety 2019 FC 335

These applications for judicial review involve a constitutional challenge to a part of the Designated Countries of Origin [DCO] regime established under the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. This Court has previously determined that one aspect of this regime withstands constitutional scrutiny. Other cases have found that the differential treatment of refugee claimants from a DCO is inconsistent with the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. In this case, the Applicants challenge paragraph 112(2) (b.1) of the IRPA on the basis that it infringes subsection 15(1) of the Charter. This paragraph precludes a refugee claimant from a DCO from applying for a pre-removal risk assessment [PRRA] before 36 months have elapsed from the last determination of their risk before the Refugee Protection Division [RPD] or the Refugee Appeal Division [RAD] of the Immigration and Refugee Board [IRB].

20 March 2019 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Safe country of origin | Countries: Canada - Hungary

Ferenc Feher, Richard Sebok and the Canadian Association of Refugee Lawyers et al (applicants) v. the Minister of Public Safety and Emergency Preparedness (respondent)

paragraph 112(2) (b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27, is declared to be inconsistent with subsection 15(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, insofar as it concerns nationals of countries designated pursuant to section 109.1(1) of the Immigration and Refugee Protection Act; and the following words - “or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months,” - in paragraph 112(2) (b.1) shall have no force or effect with respect to such nationals;

20 March 2019 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

Applicant v. State Secretary for Security and Justice

12 November 2018 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Internally displaced persons (IDPs) - Safe country of origin | Countries: Netherlands - Ukraine

UNHCR Observations on the Law Proposal amending the Obligation to Leave and Prohibition on Entry Act, the Law Enforcement Act and the Act on Granting International Protection to Aliens

12 November 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

State Secretary for Security and Justice (Appellant) v. X, 201703038/1/V1

Asexuality cannot be considered as falling within the LGBTI group for which an exception is made with regard to Algeria as safe country of origin, para 4.1

21 March 2018 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Safe country of origin | Countries: Algeria - Netherlands

Estonia: Act on Granting International Protection to Aliens (As Amended in November 2017)

28 November 2017 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

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