ghts convention acts as the foundation of asylum and states that according of the basic rights to persons considered refugees in a foreign territory is important as it would aim at their well being. Such rights include prohibition from all manner of discrimination, procedural safeguards on situations of expulsion, protection of their private and family life and protection against any ill-treatment.
In the case of Germany, denying the woman asylum was a violation of the refugee convention as her home country was in a state of turmoil engulfed in an ethnic civil war. The Secretary General of the UN, Ban Ki Moon had described the situation as a serious crisis that had led to the displacement of thousands of people. The lower administrative court’s decision to deny the woman asylum implied that she had to leave Germany and make a return to her home country, Libya. Germany, in that light, had out rightly violated the refugee human rights convention which granted the woman asylum. The doctrine of the Universal human rights declaration protects the right of refugees by allowing for individuals to seek asylum in areas they consider safe as opposed to staying in their home countries (Forsythe & David, 2009. 89). Furthermore, most of the asylum seekers in Germany arrive through the use of dangerous paths which involve sailing through the Mediterranean sea by use of packed boats, a situation that leads to many of them getting lost and even drowning.
The adopted criterion is, however, not legitimate because before arriving in Germany, they go through various countries considered safe states. It is equally important to note that the appellant was right in challenging the Federal Administrative court’s decision as denying her asylum amounted to a violation of her right as well as the obligation of non-refoulement. Meanwhile, Germany on her part acted to counter the escalating influx of refugees in its territory and was vocal in stating that the clause of non- refoulement