| Abstract [eng] |
Asylum seekers are the most vulnerable group of migrants and are most closely associated with the need for international protection. This master’s thesis examines the challenges of ensuring the right to a fair trial in asylum cases. The first part of the thesis defines the terms used in migration law that relate to asylum seekers. It explains why asylum seekers are considered the most vulnerable category of migrants. The second part of the paper analyses the content of the right to a fair trial and describes the specific features of its application. The elements of the right to a fair trial are described in detail, and the most important sources relevant to asylum cases are identified. The third part of the paper highlights the specificities of implementing the right to judicial protection in asylum cases. It describes the impact of procedural deadlines and accelerated procedures on asylum seekers, noting how the formal application of deadlines can violate the rights of asylum seekers. The accelerated procedure is criticized in the paper because it does not provide asylum seekers with sufficient time to exercise effective judicial defence. The importance of the principle of non-refoulement is emphasized, as violations of this principle were widely documented during the 2015 refugee crisis and the Lithuanian migration crisis. In particular, during the Lithuanian migration crisis, a pushback policy was implemented that does not comply with the principles of international law. The detention of asylum seekers in Lithuania is examined in detail, as is the case law of the Supreme Administrative Court of Lithuania established in cases concerning detention. The paper concludes with an examination of the intensity of judicial review as a criterion for effective judicial protection. A detailed analysis of the case law of international courts, which has established standards for the application of the intensity of judicial review is provided, and the case law of the Supreme Administrative Court of Lithuania aimed at ensuring the intensity of judicial review in asylum cases is examined. |
