Compliance of the Dublin Regulation with the principle of non-refoulement : Does the Dublin Regulation of the European Union comply with the human rights guarantees provided by the principle of non-refoulement?

Abstract

The purpose of this thesis is to consider whether a specific part of European Union legislation, namely the Dublin II Regulation, is in full compliance with the principle of non-refoulement, which is seen as a cornerstone in international refugee law. The prohibition against refoulement provides refugees and asylum seekers with protection against being forcibly refouled or returned to a state where he or she might be subjected to persecution, torture or other ill-treatment. The Regulation will thus be considered in connection with fundamental human rights treaties to which the member states are parties, with a special emphasis on the European Convention of Human Rights and its understanding of the principle after article 3 of the Convention, due to its significant impact on European Union law.

An examination of certain issues with the Regulation in connection to the possible violation on non-refoulement will thus be carried out, focusing primarily on the issues relating to mutual trust expressed by the safe country presumption, and the Regulation’s failure to serve as a burden-sharing instrument as well as the lack of procedural safeguards for those who are transferred pursuant to the Regulation secondary. The main focus will be on the responsibilities of the sending state to avoid further arbitrary refoulement as a result of its decision to transfer an asylum seeker to another member state.