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7 February 1992
Doc. 6571
1403-6/2/92-13-E
MOTION FOR A RECOMMENDATION
on the situation of persons whose applications
for asylum have been rejected
presented by Mr RUFFY and others
1. In recent years the number of persons applying for asylum to the responsible authorities of member states of the Council of Europe has risen considerably.
2. The strict, and sometimes restrictive, application by member states of the 1951 Geneva Convention results in only a very limited number of these asylum-seekers being recognised as refugees.
3. The number of persons seeing their applications for asylum rejected is thus increasing by the day.
4. Among these persons are some who, unable to enjoy refugee status, nevertheless need protection, even if only temporarily.
5. There are some actual examples of cases in which, in certain European countries, persons whose applications for asylum had been rejected but who needed protection have been the subject of expulsion measures.
6. In other cases, persons whose applications for asylum have been rejected have not been expelled, for political, legal, administrative or practical reasons, but have not been issued with a residence permit. They have thus become clandestine migrants.
7. While recognising that certain persons improperly submit applications for asylum in order to circumvent legal barriers to immigration, the Assembly considers that persons whose asylum applications have been rejected but who need protection are entitled to a clearly defined legal status.
8. Consequently, the Assembly recommends that the Committee of Ministers:
i. clearly define the conditions in which persons whose asylum applications have been rejected should enjoy protection, particularly for humanitarian reasons;
ii. undertake this work in close co-operation with the Office of the United Nations High Commissioner for Refugees;
iii. in the meantime invite member states to reconsider the measures relating to persons whose applications for asylum have been rejected which could be contrary to the European Convention on Human Rights.
Signed: RUFFY, GUIRADO, HALLER, FLÜCKIGER, MACKIE OF BENSHIE, GASSNER, PERSSON, VASQUEZ, GARCIA SANCHEZ, SKAUG, PAHTAS, ATKINSON.