The Asylum Claim Determination

Abstract

Public international law and, more specifically, international human rights law protect the right to access an asylum determination procedure and the principle of non-refoulement, as established in Chap. 10.1007/978-3-030-69441-8_3. Some would argue that asylum should not be seen by states as their own prerogative, but rather as a fundamental human right (Díaz Lafuente, 2014, pp. 206–207). How the right to access to asylum determination and the principle of non-refoulement are implemented varies from country to country, including within the EU, as discussed in Chap. 10.1007/978-3-030-69441-8_4. Chapter 10.1007/978-3-030-69441-8_6 dissected the different procedures adopted to adjudicate SOGI claims of international protection in Germany, Italy and the UK. In this chapter, we focus on the decision itself by analysing the Refugee Status Determination (RSD) process in the three countries studied. In the process, we highlight similarities and differences, merits and shortcomings, and often inconsistencies with supranational and international standards.