Asylum Procedures REPORT ON POLICIES AND PRACTICES IN IGC PARTICIPATING STATES May 2009 The IGC is an informal, non-decision making forum for inter-governmental information exchange and policy debate on issues of relevance to the management of international migratory fl ows. The IGC brings together 17 Participating States, the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM) and the European Commission. The IGC is supported by a small Secretariat located in Geneva, Switzerland. The Participating States are Australia, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, United Kingdom and United States of America. Publisher: Inter-governmental Consultations on Migration, Asylum and Refugees (IGC) 37-39 Rue de Vermont 1202 Geneva Switzerland E-mail: [email protected] Internet: www.igc-publications.ch ISBN 978-2-8399-0531-2 © 2009 Secretariat of the Inter-governmental Consultations on Migration, Asylum and Refugees (IGC) All rights reserved. No part of this publication may be reprinted, reproduced or utilised in any form or by any means, electronic or mechanical, or by any information storage and retrieval system, without written permission from the copyright owners. Printed in France by Graphi 4 ASYLUM PROCEDURES IN IGC PARTICIPATING STATES 2009 PREFACE The 2009 Asylum Procedures report was produced by the IGC Secretariat as a follow-up to similar books (so-called “Blue Books”) published in 1995 and 1997. The aim of this publication is to gather in a single document standardised country reports that provide comprehensive and comparative descriptions of refugee status determination procedures in the 17 Participating States. The information contained in the 2009 report was compiled by the IGC Secretariat on the basis of substantial contributions from Participating States. Information on the role of the UNHCR in States’ asylum procedures was gathered with the assistance of the Refugee Agency’s Bureau for Europe and several of its country and regional offi ces. All statistical data contained in this report was obtained directly from Participating States as part of the regular IGC data collection process. Unless otherwise indicated, statistical information refl ects fi rst and repeat applications and is presented up to 31 December 2008. Information on asylum law, procedures and policies is current up to April 2009. This report would not have been possible without the considerable input of asylum policy-makers and practitioners in Participating States, the advice of Mike Bisi (former deputy coordinator of IGC), and the support of the entire staff of the IGC Secretariat. The 2009 Asylum Procedures report was edited by Geraldine Wong. iii ASYLUM PROCEDURES IN IGC PARTICIPATING STATES 2009 CONTENTS Preface .............................................................................................iii Glossary ..........................................................................................vii Introduction ....................................................................................13 Country Reports .............................................................................19 AUSTRALIA ........................................................................21 BELGIUM ..........................................................................53 CANADA ..........................................................................75 DENMARK .........................................................................99 FINLAND ......................................................................... 121 FRANCE .......................................................................... 143 GERMANY ....................................................................... 165 GREECE ......................................................................... 189 IRELAND ......................................................................... 205 NETHERLANDS .................................................................. 235 NEW ZEALAND ................................................................. 253 NORWAY ........................................................................ 275 SPAIN ............................................................................ 297 SWEDEN ......................................................................... 317 SWITZERLAND ................................................................... 339 UNITED KINGDOM ............................................................. 361 UNITED STATES OF AMERICA ................................................. 393 Annexes ........................................................................................429 Statistical Information on Asylum Applications Made in Participating States ..................431 Basic Instruments of International Refugee Law and Human Rights Law: Relevant Extracts ...441 Selected UNHCR Executive Committee Conclusions on International Protection ............451 Selected Regional Instruments – Extracts .......................................................................461 v ASYLUM PROCEDURES IN IGC PARTICIPATING STATES 2009 GLOSSARY1 Adversarial: Involving opposing parties, contested; as distinguished from an ex parte hearing or proceeding, in which the party seeking relief has given legal notice to the other party, and afforded the latter an opportunity to contest it.2 Adjudication: The act of making a formal decision or judgment on a matter. Asylee: An asylum-seeker who has been granted protection under the Immigration and Nationality Act in the United States. Asylum: The grant, by a State, of protection on its territory to persons from another State who are fl eeing persecution or serious danger. Asylum encompasses a variety of elements, including non-refoulement, permission to remain on the territory of the asylum country, and humane standards of treatment. Asylum-seeker (also refugee claimant or applicant): A person who seeks safety from persecution or serious harm in a country other than his or her own and awaits a decision on the application for refugee status under relevant international and national instruments. Not every asylum-seeker will ultimately be recognised as a refugee, but every refugee is initially an asylum-seeker. Carrier sanctions: Sanctions, usually in the form of fi nes, imposed on carriers (owners of the conveyance) who bring into the territory of a State persons who lack valid entry documents. Cessation clauses: Legal provisions that set out the conditions in which refugee status comes to an end because it is no longer needed or justifi ed. Cessation clauses are found in Article 1C of the 1951 Convention relating to the Status of Refugees. Complementary protection: Formal permission given by a country under its national law or practice, to reside in the country, extended to persons who are in need of international protection even though they do not qualify for refugee status under the 1951 Convention relating to the Status of Refugees. See Subsidiary protection. Convention refugee: A person recognised as a refugee by States under the criteria set out in Article 1A of the 1951 Convention relating to the Status of Refugees, and entitled to the enjoyment of a variety of rights under that Convention. See Refugee. Country of fi rst asylum: The fi rst country in which an asylum-seeker has been granted an effective hearing of his or her application for asylum. Country of origin information (COI): Information on conditions in countries of origin, gathered specifi cally for use in procedures that assess claims of persons for refugee status or other forms of international protection. COI usually helps to answer questions regarding the political, social, cultural, economic and human rights situation as well as the humanitarian situation in countries of origin.3 1 Based on International Migration Law: Glossary on Migration, International Organization for Migration (IOM) (2004) and Master Glossary of Terms, United Nations High Commissioner for Refugees (UNHCR) (June 2006), unless otherwise indicated. 2 Black’s Law Dictionary with Pronunciations, fi fth edition, 1979. 3 Austrian Red Cross/ ACCORD, Researching Country of Origin Information: A Training Manual, Part 1, 2004 (updated April 2006), available online at: http://www.coi-training.net/content/doc/en-COI%20Manual%20Part%20I%20plus%20Annex%2020060426.pdf. vii ASYLUM PROCEDURES IN IGC PARTICIPATING STATES 2009 De novo: Beginning anew. An appellate court may undertake a review de novo. De jure: Existing by right or as a matter of law; descriptive of a condition in which there has been total compliance with all the requirements of the law.4 Dependant: A person who relies on another for support. In the migration context, a spouse and minor children are generally considered “dependants,” even if the spouse is not fi nancially dependent. Detention: Restriction on freedom of movement, usually through confi nement, of a person by government authorities. Diplomatic asylum: Refers broadly to asylum granted by a State outside its territory, particularly at its diplomatic missions.5 Exclusion clause: Legal provisions that deny the benefi ts of international protection to persons who would otherwise satisfy the criteria for refugee status. In the 1951 Convention relating to the Status of Refugees, the exclusion clauses are found in Articles 1D, 1E and 1F. Expulsion: An act by an authority of the State with the intention and with the effect