ABUZUL LA PROCEDURA DE AZIL – UN IMPEDIMENT ÎN ACORDAREA UNEI FORME DE PROTECŢIE INTERNAŢIONALĂ
THE ABUSE TO ASYLUM PROCEDURE – AN OBSTACLE TO GRANT A FORM OF INTERNATIONAL PROTECTION

Summary/Abstract: The abuse to the asylum procedure involves the submission of applications for international protection by third-country national or stateless persons on the territory of one or more countries having an obvious purpose to assure his staying on the territory of these countries, even though they cannot be considered as being eligible to grant them a form of international protection. Thus, third-country national or stateless persons resort to applications for international protection, under distinct pretexts, which are usually economical and there is not any connection between these reasons and the minim conditions which have to be fulfilled in order to grant them a form of protection. In order to establish the abuse to the asylum procedure it has to be taking into account data and information provided by persons who claim for international protection. Afterwards the representatives of governmental institutions carrying out an analysis of all their reasons invoked. Actually, there is not any definition regarding the abuse, neither as regards the common rights into a society nor regarding the right to asylum. In my opinion the abuse to the asylum procedure means that situation which involves the asylum seeker who knows that he don’t need of protection and who can return to his country. Neverthless, it has to be mention that to sustain an abuse to the asylum procedure is an exception, which results from good will of thirdcountry national or stateless persons who claimed for international protection.

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