A/73/178/Rev.1 G. Obstacles to effective access to justice 43. Facilitation of arrival in or entry into the territory of a State is a crucial part of ensuring that migrants have access to justice. In recent years, in many countries and regions of the world, a number of measures have been taken — readmission agreements, exceptions to safe country status, expulsion and non -admission, and the establishment within national territory of areas in which the normal legal rules do not apply and in which non-admission is presumed — that undermine or obstruct effective access to justice for migrants. These measures, which are aimed at expediting the return of migrants, often deprive migrants of their right to seek international protection and have their cases considered individually on the basis of procedural guarantees. Such measures are therefore incompatible with the principle of non-refoulement. 43 44. Another method States resort to in order to limit access to justice in migration and expulsion procedures is the creation of exceptions on national security grounds. Such exceptions are then invoked to carry out expulsions in lieu of conducting extradition proceedings subject to judicial review. In general, the definition of national security, public order or public policy in migration law that is invoked to carry out expulsions is extremely vague and thus has an impact on due process and the principle of non-refoulement. 44 45. The specific challenges faced by asylum seekers in gaining access to justice include expedited asylum procedures with fewer safeguards and limited ability to appeal denied asylum applications. For example, in the European Union, the deadlines for appealing decisions to deny asylum at the first -instance level vary from one country to another, ranging from one week to two months in regular procedures. In addition, special procedures may be applied depending on the asylum seeker ’s profile, migration route and point of entry, with more limited safeguards than those provided for under the regular procedure (that is. shorter time frames within which to appeal a decision not to grant asylum, detention of asylum seekers pending appeal and lack of access to legal assistance). In some countries, derogations from the general rules applicable to asylum seekers have been declared unconstitutional (by the Austrian Constitutional Court, for instance). 45 46. The automatic suspension of the enforcement of a denial of asylum at the first instance level and of the resulting removal procedure, as well as the right to remain in the country as long as necessary to lodge and obtain a decision on an appeal, constitute fundamental guarantees for asylum seekers. Nevertheless, some States do not automatically grant such suspension, as in the case of individuals whose asylum applications, processed through the expedited procedure, have been deni ed at the first-instance level. 46 47. The migrant worker population also faces obstacles in gaining effective access to the labour courts when attempting to claim employment salaries and benefits or report discriminatory dismissal or sexual harassment. A lack of information and knowledge concerning their rights and how to exercise them in the legal system; an irregular migration status and the resulting fear of seeking remedie s from the courts; economic and time constraints; the unavailability of free legal advice; and mistrust of the justice system constitute the main obstacles. Migration status is a significant __________________ 43 Submission by ICJ/ECRE. 44 Ibid. Ibid. Ibid. 45 46 12/20 18-15902