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Date:
Monday, December 23, 2013
A reference for a preliminary ruling concerning Article 7(4) of the Returns Directive was published by the CJEU on 13 December 2013. It was lodged on 28 October by the Raad van State (Netherlands) and the questions read as follows:
Date:
Wednesday, November 13, 2013
(Directive 2004/83/EC – Minimum standards relating to the conditions for granting refugee status or subsidiary protection status – Article 10(1)(d) – Membership of a particular social group – Sexual orientation – Reason for persecution – Article 9(1) – Concept of ‘persecution’ – Well-founded fear of being persecuted on account of membership of a particular social group – Acts sufficiently serious to justify such a fear – Legislation criminalising homosexual acts – Art
Last December, the Hungarian Supreme Court issued its opinion on the concept of "safe third country". This opinion is of relevance as it shall guide the application of this concept by Hungarian judges and thus promote a harmonised practice in asylum cases. The reason for issuing this opinion was precisely the divergence in the criteria applied by Hungarian courts when reviewing administrative decisions.
The main proceedings concern a Turkish national who entered Czech territory irregularly and was placed in detention for 60 days. Mr. Arslan presented an asylum application and announced his intention to exhaust every remedy against an eventual negative decision. A few weeks later, his detention was extended for another 120 days. Mr.
The United Kingdom's Upper Tribunal (Immigration and Asylum Chamber) has held that no inconsistency between the Qualification Directive (and the British legislation implementing it) and the Geneva Convention of 1951 arises from the fact that the former provides for the revocation of asylum status and the second does not contain any provision on revocation of refugee status.
In the MM judgment (C-277/11, reported in the Weekly Legal Update issue of 23 November 2012), the CJEU ruled that, where a State chooses to establish two separate procedures for examining asylum applications and applications for subsidiary protection, an applicant who has applied for subsidiary protection after the rejection of his asylum claim must be granted a fresh hearing in this second
The applicant, Sobir Rustamov, is an Uzbekistani national who was born in 1966 and lived in Uzbekistan until 2005. He has been living in Russia with his wife and three minor children since 2007. On a wanted list in Uzbekistan for attempting to overthrow the constitutional order, he was arrested in February 2010 in Moscow. At the Uzbek authorities’ request, the Russian courts subsequently authorised his detention pending extradition, finding that the Russian Prosecutor General’s decision to extradite him had been lawful.
The applicant, Moshood Abiola Balogun, is a Nigerian national who was born in 1986 and has been living in the United Kingdom since the age of three. Convicted of serious drugs-related offenses, he was sentenced to three years imprisonment in 2007 and informed of the authorities intention to deport him. His appeal against deportation was rejected by the Asylum and Immigration Tribunal in March 2008.
The applicants, Nam Singh, Meena Kaur and their three children are Afghan nationals who reside in Sint-Gillis (Belgium). The applicants arrived in Belgium in March 2011 on a flight from Moscow. As they did not have the legally required documents, they were refused entry into Belgium and the Aliens Office issued directions for their removal. The applicants, at the same time, applied for asylum.
The case concerns the Russian authorities’ alleged secret transfer of an Uzbek national, detained in Russia with a view to his extradition to his country of origin, despite the European Court of Human Rights’s indication (under Rule 39 - interim measures) to the Russian Government that no extradition should take place until further notice. The applicant, Murodzhon Abdulkhakov, is an Uzbek national who was born in 1979 and is currently in hiding in Tajikistan.
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