Readmission of Asylum Seekers under International Law

Mariagiulia Giuffré is Senior Lecturer in Law at Edge Hill University, a Research Affiliate to the Refugee Law Initiative (RLI), University of London, and an Associate to ASGI (Italian Association for Juridical Studies on Immigration). She holds a PhD from the University of Trento.

[The author] sheds an innovative light on the area of interaction between migration control and refugee protection.

• 1. Introduction I. Refugee Encounters with the State II. Objectives and Structure III. On ‘Informalisation’ and ‘Diversification’ of Agreements Linked to Readmission IV. Defining Key Concepts V. Geographical Scope VI. Law and Practice of Readmission VII. Text, Context, and Telos VIII. The Interrelation between International Refugee Law and Human Rights Law IX. The Protection of Human Rights in EU Law X. Conclusion 2. Refugees’ Admission and Readmission: International and European Protection Obligations I. Introduction Part 1. Refugee Rights before Removal II. The Right to Non-Refoulement: Introduction III. The Legal Content of Non-Refoulement in International Human Rights Law IV. Introducing Extraterritorial Jurisdiction V. EU Law and Non-Refoulement VI. The Right to Access Asylum Procedures before Removal: Introduction VII. Access to Asylum Procedures under Human Rights Law VIII. EU Law and the Right to Access Asylum Procedures IX. The Right to an Effective Remedy before Removal: Introduction X. The Right to an Effective Remedy under Human Rights Law XI. Legal Remedies in EU Immigration and Asylum Law Part 2. The Safe Third Country in Context XII. Defining the Concept of a ‘Safe Third Country’ XIII. Conclusion AGREEMENTS LINKED TO READMISSION AND REFUGEE RIGHTS: INTRODUCTION TO CHAPTERS 3, 4, AND 53. Readmission Agreements and Refugee Rights I. Introduction II. Obligation under International Law to Readmit Persons III. Readmission Agreements: An Overview IV. The Relationship between Interstate and EU Readmission Agreements V. Removal Decisions: The Return and the Recast Procedures Directives in Context VI. Conflicts of Treaties and Non-affection Clauses: Readmission Agreements versus International Human Rights Treaties VII. Informal Border Practices: When Refugees become Invisible VIII. ‘Carrots’ and ‘Sticks’: Protecting Human Rights Through Readmission Agreements? IX. Looking Ahead: Aims and Functions of Proposed Procedural Human Rights Clauses in Readmission Agreements X. Readmission Agreements and Access to Protection: Concluding Remarks 4. Negotiating Rights and Diplomatic Assurances under Memoranda of UnderstandingI. Introduction Part 1II. Deportation at All Costs? The Case of the UK and Diplomatic Assurances Part 2III. Legal Status of Diplomatic Assurances: An Open-Ended Doctrinal Debate Part 3IV. Access to Protection: The Relationship between Refugee Rights and Diplomatic Assurances V. Diplomatic Assurances on Asylum Seekers’ Removable to ‘Safe Third Countries’? VI. Access to Protection, Diplomatic Assurances, and MoUs:5. Pre-Arrival Maritime Interception, Push-Backs and Agreements for Technical and Police Cooperation I. Introduction II. The Changing Readmission Paradigm: From Push-Backs to Push-Backs by Proxy (Pull-Backs) III. Overview of the First Wave of Bilateral Agreements Linked to Readmission between Italy and Libya IV. In Search of a Legal Foundation for Push-Backs to Libya ............ 253V. Not an Isolated Case: Outlining Further Agreements for Technical and Police Cooperation VI. State Duties at Sea VII. Push-Backs and Push-Backs by Proxy: State Responsibility in Extraterritorial (and Externalised) Immigration Controls VIII. Concluding Remarks 6. Conclusion I. On the Intertwinement of Agreements Linked to Readmission and Refugee Rights II. The Way Forward