(i) The criteria should make it possible to identify in a positive manner
the country which is responsible for examining an asylum request and to whose authorities the asylum-seeker should have the possibility of addressing himself;
(ii) The criteria should be of such a character as to avoid possible
disagreement between States as to which of them should be responsible for examining an asylum request and should take into account the duration and nature of any sojourn of the asylum-seeker in other countries;
(iii) The intentions of the asylum-seeker as regards the country in which he
wishes to request asylum should as far as possible be taken into account;
(iv) Regard should be had to the concept that asylum should not be refused solely on the ground that it could be sought from another State. however, it appears that a person, before requesting asylum, already has a connexion or close links with another State, he may if it appears fair and reasonable be called upon first to request asylum from that State;
(v) The establishment of criteria should be accompanied by arrangements for
regular consultation between concerned governments for dealing with cases for which no solution has been found and for c nsultation with the
Where,
Office of the United Nations High Commissioner for Refugees as appropriate;
(vi) Agreements providing for the return by States of persons who have entered
their territory from another contracting State in an unlawful manner should be applied in respect of asylum-seekers with due regard to their special situation.
(i) While asylum-seekers may be required to submit their asylum request within a certain time limit, failure to do so, or the non-fulfilment of other formal requirements, should not lead to an asylum request being excluded from consideration;
(j) In line with the recommendation adopted by the Executive Committee at its twenty-eighth session (document A/AC.96/549, paragraph 53(6), (E)(i)), where an asylum-seeker addresses himself in the first instance to a frontier authority the latter should not reject his application without reference to a central authority;
(k) Where a refugee who has already been granted asylum in one country requests asylum in another country on the ground that he has compelling reasons for leaving his present asylum country due to fear of persecution or because his physical safety or freedom are endangered, the authorities of the second country should give favourable consideration to his asylum request;
(1) States should give favourable consideration to accepting, at the request of the Office of the United Nations High Commissioner for Refugees, a limited number of refugees who cannot find asylum in any country;
(m) States should pay particular attention to the need for avoiding situations in which a refugee loses his right to reside in or to return to his country of asylum without having acquired the possibility of taking up residence in a country other than one where he may have reasons to fear persecution;
(n) In line with the purpose of paragraphs 6 and 11 of the Schedule to the 1951 Convention, States should continue to extend the validity of or to renew refugee travel documents until the refugee has taken up lawful residence in the territory of another State. A similar practice should as far as possible also be applied in respect of refugees holding a travel document other than that provided for in the 1951 Convention.
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