Journal

Applying the Dublin Regulation to the family reunification of unaccompanied children in the absence of official asylum claims

Date: 
Friday, August 11, 2017

1.      Introduction

In recent years, thousands of children in need of international protection have traversed the Mediterranean and entered Europe unauthorised and unaccompanied by a parent or responsible adult. Many enter in the hope of reuniting with family members already residing in Europe, seeking both family reunification and international protection under the...

The detention of asylum seeking children in Hungary: Dire tendencies in upholding the basic rights of children

Date: 
Wednesday, March 8, 2017

Since 2015, the term ‘refugee crisis’ has been widely used to describe the phenomenon of a relatively large number of people seeking protection in the EU. When observing the worrying human rights violations and the detention of asylum seekers, especially children in Hungary, one might ask, however: is it not the rule of law which is in crisis?

This blog will examine the legal framework of the detention of asylum seeking children and the procedural flaws the Hungarian asylum system is struggling with. It will discuss whether the current system is in line with the relevant...

The ZAT case and the far-reaching consequences for the Dublin Regulation

Date: 
Thursday, February 9, 2017

1.  Introduction

The ZAT case was a judicial review before the UK Upper Tribunal. The outcome of the first instance judicial review suggested that the operation of the Dublin Regulation was inadequate to provide the necessary protection the applicants needed...

The formulation of the right to family life beyond ZAT & Others in recent UK jurisprudence

Date: 
Wednesday, June 15, 2016

Introduction

In ZAT and Others the Upper Tribunal affirmed the positive legal duty under Article 8 of the Convention on Human Rights on the State to admit four unaccompanied children to the territory in order to achieve family reunification with their siblings who had refugee status in the UK. The case firstly showed that family...

The impact of European Union law on Family Reunification in Greece

Date: 
Wednesday, March 9, 2016

Introduction

Accounting for approximately 30% of all permanent flows towards the EU, family reunification constitutes an integral part of the Union's policy on migration. In regulating the issue, the EU legislator had to strike a balance between protecting external borders and safeguarding human rights, as mandated in articles 2, 3, 6, 21 TEU, and 67 TFEU. With regards to...

Allocating responsibility for an asylum application through Convention rights: The potential impact of ZAT & Others

Date: 
Thursday, March 3, 2016

This journal entry should be read in conjunction with the EDAL case summary available here, where a summary of the facts is also available.

Introduction:

The presence of migrant and refugee camps in northern France, on the edge of the Schengen zone and just 21 miles away from the UK has long been symbolic of the practical failings of the CEAS and in particular...