07/08/2011

UNHCR Interpretation of the notion of 'Lawful stay' (Geneva Convention on Refugee Status)

UNHCR in its note Lawfully staying’-A note on Interpretation' dating from 1988 interprets the notion of the 'lawful stay' of asylum seekers and refugees. The 1951 Geneva Convention on Refugee Status (GCRS) does not use the term asylum seekers but covers them. Lawful stay is a pre-requisite for asylum seekers and/ or refugees to access the rights granted under the conditions of article 17 and 19 GCRS (right to wage-earning and right to exercise a liberal profession). 
Article 18 GCRS does not require asylum seekers to be 'lawfully staying' in the host country, as mere "lawful presence" is required to grant the right to work on asylum seekers and refugees who are self- employed under the conditions of article 18 GCRS.  
One will refer to Pr. Grahl Madsen comments on article 17 to 19 Geneva Convention on Refugee Status for more information on the scope of the right to work of asylum seekers and refugees.

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