Feasibility of the extra-territorial processing of asylum applications by the member states of the European Union

The thesis elaborates upon the political and legal feasibility of processing asylum applications in offshore centres operated by EU member states; this shall promote legal and safe migration of asylum seekers into the European Union. The legal feasibility is determined by member states´ ability to safeguard provisions under the 1951 Geneva Convention and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The key condition for the legal feasibility of offshore asylum processing is the ability to safeguard the principle of non-refoulement. Features of member states´ initiatives for offshore processing as well as those of the operational Australian asylum system are analyzed, and their incompatibility with this principle is confirmed. Ability to fully safeguard against refoulement extra-territorially is further discussed. By analyzing the situation within the territorial Common European Asylum System, the political feasibility for creating an effective...Show moreThe thesis elaborates upon the political and legal feasibility of processing asylum applications in offshore centres operated by EU member states; this shall promote legal and safe migration of asylum seekers into the European Union. The legal feasibility is determined by member states´ ability to safeguard provisions under the 1951 Geneva Convention and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The key condition for the legal feasibility of offshore asylum processing is the ability to safeguard the principle of non-refoulement. Features of member states´ initiatives for offshore processing as well as those of the operational Australian asylum system are analyzed, and their incompatibility with this principle is confirmed. Ability to fully safeguard against refoulement extra-territorially is further discussed. By analyzing the situation within the territorial Common European Asylum System, the political feasibility for creating an effective and legally feasible extra-territorial asylum procedure is assessed; this involves resettlement of confirmed refugees into the EU and readmission of failed asylum seekers. It is concluded that offshore processing of asylum applications is politically and legally unfeasible at this stage; it would require pooling of national sovereignty much beyond the extent that it now politically feasible – also, member states firstly have to address current deficiencies of the territorial asylum system.Show less

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Feasibility of the extra-territorial processing of asylum applications by the member states of the European Union