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KT v. State Secretary for Justice

The Netherlands.  10 April 1979 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Refugees — Asylum — First country of asylum — Determination of — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Requirement to apply for refugee status in first country of asylum — Ethiopian of Eritrean origin applying for refugee status in the Netherlands after residing in Italy — Whether entitled to refugee status in the Netherlands — Whether Italy first country of asylum

Aliens — Refugees — Refugee status — Criteria for grant — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Test of well-founded fear of persecution in country of nationality — Ethiopian of Eritrean origin — Whether required to demonstrate active political involvement in Eritrean secessionist movement — Significance of failure to claim refugee status on arrival in the Netherlands

Aliens — Refugees — Treatment — Right of equal access to courts of country of habitual residence — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967, Article 16(2)

Relationship of international law and municipal law — Treaties — Whether creating directly applicable rights and obligations for individuals — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967

Treaties — Effect in municipal law — Priority of treaty provisions over conflicting provisions of municipal law — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Whether Convention having primacy over conflicting provisions of municipal law — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 1994

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