O direito de asilo e as decisões de regresso enquanto componentes do Direito e Política de Asilo e Imigração da União Europeia

• Autor(a) principal: Patrício, Carolina Pantoja d'Espiney
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/49748
• topic: União Europeia; Ucrânia; conflito; Crimeia; requerente de asilo; non-refoulement; migração irregular; acordos de readmissão; European Union; Ukraine; conflict; Crimea; applicant for asylum; international protection; human rights; irregular migration; readmission agreements; Direito

Since 2014 part of the territory of Ukraine is under Russian occupation. The international community considers that the Crimea region and the city of Sevastopol are temporarily occupied and defends the territorial integrity of Ukraine. This results in millions of people in need of international aid. Although little discussed and publicized, the humanitarian crisis originating in Eastern Ukraine still exists today. Mines and other war explosives continue to threaten the safety of children and their families living along the "line of contact." Thus, given that the country of origin is unable to provide the necessary security, it is understood that Ukrainian nationals seek protection in other countries. The aim of this work will be to try to clarify what rights should be attributed to a Ukrainian citizen on European territory. To this end, the relevant European legislation will have to be assessed to atribute such applicant with the status that best fits his situation. It is understood that the incoherent application of the legislation can result in violation of human rights. With Ukraine in the midst of armed conflict, it is important that basic human rights, such as the right to nonrefoulement, be respected by any Member State of the European Union, in order not to send the asylum seeker to an insecure country. However, while on the one hand the EU develops a common asylum policy to ensure that humanitarian rights and obligations are respected, it also develops policies to protect its territory from irregular migration. It thus promotes cooperation with third countries to ensure that the removal of irregular third-country nationals takes place so that all rights are safeguarded, inter alia, under the terms set out in the readmission agreements