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This justification is not applicable to third states.

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There is — with the exception of states of a further or a quasi-nationality taken account of in Art. The state of application has a subsidiary responsibility in relation to the state of origin , not to other potential asylum states.

If there is no protection available in the state of origin or a state of a further or quasi-nationality , the asylum seeker must invoke international protection. The situation is then one of distribution on a level with other potential asylum states, and there is no justification for a deflection involving territorial exclusions.


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The forced allocation of asylum seekers based on agreements on refugee responsibility can be compatible with the Geneva Convention, but the objective should be to exercise the collective responsibility for refugees in an efficient, humane and solidary manner, not to unburden oneself regardless of the effet utile of the Refugee Convention.

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Deflection of Asylum Seekers to Ghettos in Third Countries? | Verfassungsblog

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