The influence of human rights law on the procedural formalities of the asylum determination process

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Abstract
The article examines the extent to which the due process norms enshrined in international human rights law have been applied to, influenced, and informed the law and policy of refugee‐receiving states. Such an inquiry is necessary because the international protection regime for refugees is under threat from state practices which are almost universally abrogating procedural standards of fairness in refugee determination processes. Furthermore, domestic due process standards, or natural justice traditions have proved largely impotent in preventing or moderating this lowering of legal procedural safeguards. Thus, it becomes necessary to examine the protection potentially available under human rights law. The examination of the relevant provisions in the UDHR, ICCPR, ECHR AND ACHR comprise the main body of the article, with particular emphasis placed on the jurisprudence of the European Court of Human Rights and European Commission in respect of Article 6(1) and Article 5(4).

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