Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 62
Paragraph- Paragraph text
- Creating legal options to address the situation of persons who are not deemed refugees but who may require international protection on an individual basis is one of the most promising policies and programmes that have been drawn to the Special Rapporteur's attention. Promising measures in this regard include the "discretionary leave to remain" and the "humanitarian protection leave" available in the United Kingdom of Great Britain and Northern Ireland, which can be granted for a maximum three-year period and which are available to individuals who have not been considered for international protection or who have been excluded or to persons, who, if returned to their countries, might face serious risk to their life arising from the death penalty, unlawful killing, torture or inhuman or degrading treatment or punishment. Similarly in Germany, the commissions for hardship cases, established as part of the German Residence Act of 2005, may recommend granting a residence permit to unsuccessful asylum-seekers who, otherwise, would be obliged to leave the country. This mechanism enables the authorities to review the individual circumstances of the applicants beyond the requirements set up in the international refugee regime.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Other
- Paragraph number
- 62
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