Protection Closer to Home? A Legal Case for Claiming Asylum at Embassies and Consulates

Abstract

If a person enters an embassy or consulate and claims asylum, is there a legal obligation under international refugee law or human rights law to consider that claim and, if the requirements are satisfied, grant protection? Previous research on this question has concluded that no such obligation exists pursuant to the non-refoulement obligations in the Convention Relating to the Status of Refugees, the Convention against Torture and the International Covenant on Civil and Political Rights. However, case-law over the past decade has shifted and strengthened the reach of non-refoulement under international refugee law and human rights law. This article will demonstrate that this more recent jurisprudence provides strong grounds to argue that embassies and consulates are, in certain circumstances, obligated to consider a claim for asylum and, if the requirements are met, grant protection.