Border Control: Not a Transparent Reality

  • René Bruin


The prohibition of refoulement is the cornerstone of international refugee and asylum law and is contained in and developed under various international treaties. To ensure that people seeking protection can have access to a procedure in which their claims can adequately be examined access to the territory of the host State is essential if this is the only way to guarantee a fair procedure. According to UNHCR, more and more States try to prevent the prohibition of refoulement from being applicable in the first place. The EU Dublin Regulation and EU Procedures Directive guarantee asylum seekers on the territory and at the border access to the asylum procedure, at least in one EU country. UNCHR argues that activities at EU border points are not always transparent. Competencies and responsibilities of States vis-à-vis persons intercepted outside Europe are also not well defined. There should be corresponding safeguards and the Council should be more transparent on these issues.


Asylum Seeker State Party Border Control External Border Territorial Water 
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Copyright information

© T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2011

Authors and Affiliations

  • René Bruin
    • 1
  1. 1.UNHCRThe HagueThe Netherlands

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