FAQ Non-refoulement in the context of the EU Pact on Migration and Asylum FAQ - Non-refoulement in the context of the EU Pact on Migration and Asylum The EU Pact on Migration and Asylum is built on the assumption that all people who arrive or reside in the EU irregularly and whose asylum applications are unsuccessful should immediately return or be deported. [...] Non-refoulement is also enshrined in in Article 78 (1) of the Treaty on the Functioning of the EU, and in the EU’s fundamental rights regime, as reiterated in articles 18 and 19 of the Charter of Fundamental Rights of the European Union. [...] Why is the push to link asylum and return procedures problematic? Two key proposals in the Pact on Migration and Asylum and the proposed recasting of the Return Directive foresee asylum or return as the only two procedures applicable to undocumented people: • The Screening Regulation introduces mandatory pre-entry screening at the EU external borders. [...] Moreover, there are risks that this would lead to irreparable harm whereas the return leads to violations of the principle of non-refoulement, to serious breaches of the right to health or to violation of the right to family life. [...] Both the European Court of Human Rights and the Court of Justice of the EU have an established jurisprudence that requires states to assess the existence of family ties and particularly the interest of children against immigration considerations.
- Pages
- 9
- Published in
- Belgium
