Brief description:

The refugee and asylum law paradigm, long based on status-driven rights under the 1951 Refugee Convention, is likely continuing down a deterrence path or even to set to a different turn in Europe with the EU Pact on Migration and Asylum. This emerging framework introduces, among other things, a “fictional non-entry” concept for those arriving irregularly, allowing them to be legally considered outside EU territory. Critics, including UN experts and NGOs, argue that the institutionalization of this practice risks human rights violations, with irregular migrants potentially denied due process, protection from arbitrary detention, and non-refoulement. Furthermore, the new Screening Regulation of the Pact may lead to nationality-based discrimination in asylum access, especially for applicants from countries with low approval rates. These recent European asylum policies developments prompt critical research on its implications for international law, refugee law and human rights law which, all together, will allow to answer to what extend does the new European Union’s Pact on Migration and Asylum encompasses new paradigms for the rights of asylum seekers.

Methodology:

Keywords: European Migration and Asylum Law, New Pact on Migration and Asylum, Public International Law, Refugee Protection

Home University:

Oslo Metropolitan University (OsloMet)

Faculty:

Faculty of Social Sciences

Supervisor: Diego Praino

Added to catalogue on: 08-05-2025

Additional information: