Prioritizing National Security at the Expense of Refugee Rights: The Effects of H.T. v. Land Baden-Württenberg

Abstract

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities. This decision weakens international custom prohibiting the expulsion of refugees to places where they may be in danger. While the court implemented safeguards, including a requirement that the refugee engage in more than cursory support for terrorist organizations, the decision is still another step in an alarming trend that places refugees at risk.