Questioning the Applicability Conditions of Non-Refoulement Regulated in the Law on Foreigners and International Protection Within the Framework of ECtHR Judgments

Development summary

Asli Bayata Canyaş’s article in Hacettepe Hukuk Fakültesi Dergisi discusses the applicability conditions of the non-refoulement rule in the Law on Foreigners and International Protection in the light of ECtHR judgments. It notes that some certainty-based expressions in the Act may place a heavy burden of proof on the individual, whereas the ECtHR assesses removal cases under Article 3 of the ECHR by asking whether there is a “real risk”.