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8 Secondary Rights

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Chapter Summary

This chapter discusses the 'secondary rights' that are attached to the CEAS protection statuses. It focuses on the systematic aspects of relevant legislation, and on their relation with international law. European asylum law attributes to each protection status its own set of secondary rights. In Articles 2 to 34, the Refugee Convention sets out a variety of secondary rights of refugees. Under European asylum law, a person who requests international protection under the Refugee Convention is an "applicant", and becomes a "refugee" only after his "recognition as a refugee" by a Member State. The purpose and object as laid down in the Preamble to the Refugee Convention further reinforce the declaratory view. According to the declaratory view, any person fulfilling the requirements of Article 1 RC is entitled to Convention benefits, regardless of his status having been determined or not.

Keywords: CEAS protection statuses; European asylum law; Refugee Convention; secondary rights



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