AGT v. Netherlands and Another

Abstract

Aliens — Refugees — Asylum — First country of asylum — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Foreign national applying for refugee status in the Netherlands after residing in India as registered refugee — Whether entitled to refugee status in the Netherlands — Whether India first country of asylum — Criteria for establishing first country of asylum — Requirement that country not violating duty of non-refoulement — India not party to Convention — Whether Netherlands required to obtain guarantees from India concerning non-refoulement

Relationship of international law and municipal law — Conduct of foreign relations — Relations with foreign governments — Request by Executive for oral undertaking by foreign government not to return refugee to State of nationality — Whether Executive required to obtain written undertaking — Whether justiciable question — The law of the Netherlands