Last Updated: Thursday, 25 November 2021, 13:43 GMT

Legal Information

The Refworld legal collection has been designed primarily as a tool for disseminating and promoting (international) law relating to refugees, asylum seekers, stateless persons and other persons of concern to UNHCR.

UNHCR staff, refugee lawyers, all those involved with refugee-status determination within Governments, and others concerned with the rights of refugees and asylum seekers, can find a wealth of relevant documents in the collection. Included in the collection is a unique jurisprudence collection, covering more than 40 national jurisdictions, and a vast amount of international judgments and decisions from the United Nations, the European Court of Human Rights and other international and regional courts. A comprehensive collection of international instruments relating to refugees and human rights, with the most recent lists of States Parties to key conventions, is also available. The legislation collection, contains national and international legislation relevant in assessing asylum claims and is the largest collection of its kind. Finally, Refworld contains many special agreements, such as memoranda of understanding, host-country agreements and voluntary repatriation agreements.

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Recommendations by UNHCR regarding the execution of judgments of the European Court of Human Rights in the cases of: Kebe and Others v. Ukraine (Appl. No. 12552/12), Nur Ahmed and Others v. Ukraine (Appl. No. 42779/12), Nur and Others v. Ukraine (Appl. No. 77647/11) and M.S. v. Slovakia and Ukraine (Appl. No. 17189/11)

25 November 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Resolutions/Recommendations/Declarations

UNHCR Observations on the "Proposed Amendments to the Finnish Citizenship Act"

12 November 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Kosovo: Guideline on Assessing and Determining the Best Interests of Children Applying for International Protection, Refugee and Migrant in Kosovo

10 November 2021 | Publisher: National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

UNHCR Observations on the "Final report of the inquiry on language and social studies requirements for Swedish citizenship and other citizenship issues"

4 November 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Case of M.J. v. The Netherlands (Application no. 49259/18)

In view of the above, the Court notes that the risk of the applicant being expelled and, potentially, being exposed to a risk of treatment in breach of Article 3, has now, at least temporarily, been removed. Moreover, the Court finds that the complaints under Article 13 and on the procedural requirements of Article 3 in the present case are in essence inextricably connected to the proposed expulsion of the applicant (see Nasseri v the United Kingdom (dec.), no. 24239/09, § 18, 13 October 2015, and J.W. v. the Netherlands (dec.), no. 16177/14, § 32, 27 June 2017). In these circumstances, the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)). Moreover, it is satisfied that respect for human rights, as defined in the Convention and the Protocols thereto, does not require a continuation of the application by virtue of Article 37 § 1 in fine. Accordingly, the application should be struck out of the list.

21 October 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Human rights law - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - Netherlands

Background Note on Discrimination in Nationality Laws and Statelessness

20 October 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

A.M. (au nom de M.K.A.H.) c. Suisse

Discrimination; intérêt supérieur de l’enfant; développement de l’enfant; droit de l’enfant d’être entendu dans toute procédure judiciaire ou administrative l’intéressant; protection et assistance humanitaire voulues pour les enfants réfugiés; droit de l’enfant de jouir du meilleur état de santé possible; traitements inhumains ou dégradants

6 October 2021 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Document type: Case Law | Topic(s): Children's rights - Convention on the Rights of the Child (CRC) - Freedom from torture, inhuman and degrading treatment - Rule of law / Due process / Procedural fairness - Statelessness | Countries: Bulgaria - Switzerland - Syrian Arab Republic

UNHCR Observations on the Nationality and Borders Bill, Bill 141, 2021-22

October 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

OPINION OF ADVOCATE GENERAL PIKAMÄE, in Case C‑483/20 XXXX v Commissaire général aux réfugiés et aux apatrides (Request for a preliminary ruling from the Conseil d'État (Belgium))

1. Migratory journeys are often the result of a combination of two elements: chance and necessity. In the case before the Court, a Syrian national, after travelling through Libya and Turkey, arrived in Austria, where, out of necessity, he lodged an application for international protection. After obtaining refugee status, he went to Belgium to be reunited with his two children, one of whom is a minor, and there lodged a new application for international protection, which was declared inadmissible in view of the prior recognition granted in the first Member State. 2. It is against that background that the question arises, to my knowledge for the first time, whether, in particular, the fundamental right to respect for family life enshrined in Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’), read in conjunction with the obligation to take into consideration the child’s best interests set out in Article 24(2) of the Charter, can override the inadmissibility mechanism for applications for international protection laid down in Article 33(2)(a) of Directive 2013/32/EU. (2)

30 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: Austria - Belgium - Syrian Arab Republic

UNHCR observations on draft Amendments to the Law of the Republic of Lithuania on Legal Status of Aliens (No 21-29207)

27 September 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

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