Humanitarian Visas for International Protection Purposes - The Myth of a Universal Application of Human Rights Law

Abstract

When feasible, third-country nationals request within EU Member States’ diplomatic or consular representations a visa on the basis of their need of international protection, in order to be granted legal access to the issuing State’s territory precisely to apply for international protection upon arrival. The focal point is whether States can be required to issue these visas in order to comply with their human rights obligations. This contribution demonstrates that the European Court of Human Rights holding that States do not hold any obligation in the context of humanitarian visa proceedings is unconvincing.

Keywords

• European Court of Human Rights
• Migration
• Non Refoulement
• Protection
• Visa
• Migration