Showing papers by "Gregor Noll published in 2005"

Seeking asylum at embassies. A right to entry under international law

Abstract: Is the processing of asylum claims at embassies and the grant of ‘humanitarian visas’ within the framework of Protected Entry Procedures a mere expression of the political benevolence on behalf of potential host states vis-a-vis protection seekers, or do both reflect legal obligations owed to the individual applicant? If so, does international law provide for a right to entry in such cases? In this article, the existence of a legally binding right to seek asylum encompassing an entry component shall be explored first together with the question whether any such right may have any implications on the practice of Protected Entry Procedures. Second, the relevance of explicit prohibitions of refoulement shall be explored together with implied protection norms of human rights law (to be found in the ICCPR, the ECHR and the CRC). The article concludes that the UDHR, the EU Charter, the CSR51, the CAT and the ICCPR do not offer any right of entry in the framework of Protected Entry Procedures. However, the ECHR and the CRC do contain an implied right to access under certain specified conditions. (Less)

Proof, evidentiary assessment and credibility in asylum procedures

Abstract: TABLE OF ABBREVIATIONS ACKNOWLEDGEMENTS CHAPTER 1 INTRODUCTION: REMAPPING EVIDENTIARY ASSESSMENT IN ASYLUM PROCEDURES Gregor Noll A - DISCOURSES, PROCEDURES AND CONCEPTS CHAPTER 2 COMPETING PATTERNS FOR EVIDENTIARY ASSESSMENTS Henrik Zahle CHAPTER 3 EVIDENTIARY ASSESSMENT AND NON-REFOULEMENT: INSIGHTS FROM CRIMINAL PROCEDURE Aleksandra Popovic B - LESSONS LEARNT ON THE BASIS OF DOMESTIC EXPERIENCESM CHAPTER 4 THE BORDERLINE BETWEEN QUESTIONS OF FACT AND QUESTIONS OF LAW Jens Vedsted-Hansen CHAPTER 5 STEREOTYPING AND ACCELERATION - GENDER, PROCEDURAL ACCELERATION AND MARGINALISED JUDICIAL REVIEW IN THE DUTCH ASYLUM SYSTEM Thomas Spijkerboer CHAPTER 6 ON BEING HEARD IN ASYLUM CASES - EVIDENTIARY ASSESSMENT THROUGH ASYLUM INTERVIEWS Nienke Doornbos CHAPTER 7 EVIDENTIARY ASSESSMENT AND PSYCHOLOGICAL DIFFICULTIES Jane Herlihy C - THE GUIDING POTENTIAL OF INTERNATIONAL LAW CHAPTER 8 EVIDENTIARY ASSESSMENT UNDER THE REFUGEE CONVENTION: RISK, PAIN AND THE INTERSUBJECTIVITY OF FEAR Gregor Noll CHAPTER 9 EXCLUSION AND EVIDENTIARY ASSESSMENT Geoff Gilbert CHAPTER 10 CREDIBILITY IN CHANGING CONTEXTS: INTERNATIONAL JUSTICE AND INTERNATIONAL PROTECTION Rosemary Byrne D - EPILOGUE CHAPTER 11 SALVATION BY THE GRACE OF STATE? EXPLAINING CREDIBILITY ASSESSMENT IN THE ASYLUM PROCEDURE Gregor Noll INDEX BIBLIOGRAPHY (SELECT) TABLE OF CASES AUTHORS' BIOGRAPHIES.

Evidentiary assessment in refugee status determination and the EU qualification directive

Abstract: Evidentiary assessment in asylum procedures is an area largely unregulated by international law. While the EU Qualification Directive does not purport to fill this lacuna, its Article 4 offers a norm that does touch on a number of central aspects of evidentiary assessment. This article provides a detailed analysis of this complex provision and its practical implications. Amongst others, the Directive obliges Member States to communicate any information that impacts on the relevance of the applicant's statements.The processing of information and evidence is divided into three distinct stages. The first deals with the submission of information, the second seeks to establish the relevance of the information provided by the applicant and to assess it, while the third concerns evidentiary assessment in the narrow sense, considering the value of evidence and basing the decision on it. Implicitly, the Directive imposes a duty on the authorities to identify the applicant's claim, and concurrently, the themes of proof flowing from it. This might very well exceed present practice in Member States, and would thus translate into an improvement for the rule of law at large. (Less)

The exclusionary construction of human rights in international law and political theory

Abstract: Textbooks tend to depict human rights as safeguards protecting the individual from the excessive use of state authority. Such accounts presuppose, amongst others, a neat opposition of law and politics, and a pre-political character of the law. Drawing both on positive international law and the evolving theoretical inquiry into human rights, this article claims that the fictions of universality and inalienability of human rights collude their exclusionary function. Human rights take part in the formation of a polis by excluding the bare life of the human being from that community, to then re-include it and subject it to regulation. Where re- inclusion does not take place, for one reason or another, the exclusionary function of human rights creates outcasts which have no more, are no more than bare life (refugees being a prominent example). Seen thus, human rights constantly remind us how devoid of protection we are outside the polis. Once re-inclusion has taken place, human rights may work reasonably well as protective devices. Yet, as there is no access right to the polis, there is no right for any human in any situation to have human rights.