4. Asylum Procedure Directive

In the conclusion from the European Councils meeting in Tampere, October 1999, it was provided that a Common European Asylum System (CEAS) should include common standards for fair and efficient asylum procedures in the Member states. The minimum norms laid down in the Councils Directive on procedures in Member States for granting or withdrawing refugee status was the first measure on a common procedure (2005/85/EC).

The main objective for this directive is to introduce a minimum framework within the Community on procedures for granting and withdrawing refugee status. This module will therefore provide participants with knowledge on the minimum norms (which will become binding for Member States from December 1, 2007).

Target group: Case officers, managers and policy makers.
Entry level: Knowledge in International Refugee Law and Human Rights, as well as EU Law and national asylum procedures.
Available languages: English.

Content

This module provides knowledge at an initial level on the main minimum standards, principles and guarantees that all member states shall implement in their national asylum procedures in accordance with the Council Directives on minimum standards on procedure.

Objectives

Part I
At the end of the training participants will have gained knowledge in:

• Access to the (asylum) procedure and the right to remain in the country during the procedure.
• The requirements for procedures (individual, confidentiality, objective- impartial and requirement for decisions – in writing and with reasons).
• The guarantees for applicants (language, interpreter, communication with UNHCR, etc.)
• The obligations of the State as expressed in the Qualification Directive, the Procedures Directive, as well as the correlation to other international Human Rights instruments (such as CAT, ICCPR, CRC, the European Convention on Human Rights).
• The applicant’s right to legal assistance (e.g. the right to contact and be represented by a lawyer), and the scope of legal assistance.
• The applicant’s obligations (to report in person without delay, to hand over documents, to inform about residence, etc.).
• Withdrawal of application (e.g. applicant absconds/disappears).
• The role of UNHCR.

Part II
At the end of this part of the training participants will know about:

• Initial asylum Procedures (accelerated procedures and special procedures).
• Personal interview and the status of report.
• Guarantees for unaccompanied children (assisted by representative, specially trained interviewer etc.).
• Detention of applicant.

Methods

Self-studies online comprising case studies, exercises, self-assessment tests and written assignments, combined with a face-to-face session which goes further into the topics in discussions and group exercises.

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