News

  • United Kingdom: Court of Appeals stays Dublin removals to Cyprus

    Date: 
    Friday, October 4, 2013

    The Court of Appeal in the UK has granted stays preventing the removal of three asylum seekers to Cyprus in accordance with the Dublin Regulation while it awaits a pronouncement of the Supreme Court that should clarify the criteria under which a Dublin transfer should be discarded. In a case from the Appeals Court concerning a Dublin transfer to Italy, the Supreme Court is expected to establish whether systemic deficiencies in the asylum system and reception conditions are required to stop Dublin removals, or whether an individual risk of violations of ECHRs rights would suffice.

  • Referral to CJEU in Case C- 158/13 Hamidullah Rajaby v Staatssecretaris van Veiligheid en Justitite

    Date: 
    Friday, October 4, 2013

    A reference for a preliminary ruling concerning the Dublin Regulation was published this week by the CJEU. It was lodged on 28 March 2013 by the Rechtbank Den Haag (Netherlands) and the questions read as follows:

  • CJEU Judgment in the Joined Cases C-356/11 and C-357/11, O, S, Maahanmuuttovirasto and Maahanmuttovirasto, 6 December 2012

    Date: 
    Friday, October 4, 2013

    (Reference for a preliminary ruling - Citizenship of the Union - Article 20 TFEU - Directive 2003/86/CE - Right to family reunification - Union citizens who are minor children living with their mothers, who are third country nationals, in the territory of the Member State of which the children are national - Permanent right of residence in that Member State of the mothers who have been granted sole custody of the Union citizens - Change in composition of the families following the mother's remarriage to third country nationals and the birth of children of those marriages who are also third

  • Council of the European Union: adoption of the decisions on the European Refugee, Return and Integration Funds and on the External Borders Fund

    Date: 
    Friday, October 4, 2013

    The Agriculture and Fisheries Council held on 25-26 February definitely adopted the decisions increasing the co-financing rate of the European Refugee Fund, the European Return Fund, the European Fund for the Integration of third-country nationals and the External Borders Fund for Member States experiencing or threatened with serious difficulties with respect to their financial stability.

    The Council's press release can be read here.

  • ECtHR released decision in Rahmani and Dineva v. Bulgaria (Application no. 20116/08) [Articles 5,8 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicants, Ahmed Rahmani, an Algerian national, and Dimka Dineva, a Bulgarian national, were born in 1964 and 1959 respectively and live in Stara Zagora (Bulgaria). A married couple, they complain about Mr Rahmani's detention pending execution of the removal order issued against him on the ground that he was unlawfully present in the country.

  • Equal Rights Trust publishes Guidelines on Stateless Persons and Arbitrary Detention

    Date: 
    Friday, October 4, 2013

    The Equal Rights Trust Guidelines to Protect Stateless Persons from Arbitrary Detention became available online on 10/07/2012. The Guidelines provide detailed guidance on how states should treat stateless persons in the context of immigration detention in order to comply with their obligations under international human rights law, in particular the rights to equality and non-discrimination and the right to be free from arbitrary detention.

  • CJEU : AG Opinion in X, Y, Z v. Minister voor Immigratie, Integratie en Asiel (Joined Cases C-199/12, C-200/12 & C-201/12) [Arts. 9 & 10(1)(d), Qualification Directive]

    Date: 
    Friday, October 4, 2013

    In a case involving three homosexual men seeking refugee status in the Netherlands who come from countries where homosexual acts are criminal offences (Sierra Leone, Uganda, and Senegal) the national court raised three questions concerning the assessment of applications for refugee status under the provisions of Chapter III of Council Directive 2004/83/EC (‘the Directive’).  First, do third country nationals who are homosexual form a particular social group within the meaning of Article 10(1)(d) of the Directive?

  • EASO newsletter: a new approach to country of origin information

    Date: 
    Friday, October 4, 2013

    EASO's newsletter for March 2013 contains a section on a new proposal aimed at linking EASO's different COI-related activities into one coherent structure entitled "EASO COI Network approach". The proposal comprises the creation of a Strategic COI Network composed of COI heads of units or experts from the Member States, associated countries, the EU Commission and UNHCR which would discuss issues at a strategic level, and the setting up of specific expert networks on specific countries, regions or themes to exchange information and harmonize COI practices.

  • Schengen Information System (SIS II) enters into force

    Date: 
    Friday, October 4, 2013

    The Schengen Information System allows competent authorities to issue and consult alerts on persons who may have been involved in serious crime or may not have the right to enter or stay in the EU. It will also contain information on missing persons or certain objects such as firearms or stolen vehicles. The data concerning persons include all the data necessary to confirm their identity including picture and fingerprints, as well as relevant information about the alert and the action to be taken.

  • ECtHR decision in Suleymanov v. Russia (no. 32501/11) [Article 3 ECHR]

    Date: 
    Friday, October 4, 2013

    The case concerns the alleged ill-treatment and abduction of the applicant's son in Chechnya in May 2011. According to the applicant, his son was beaten and abducted by armed men in uniform while he was at work, and since then he has received no reliable news about him. Two days before, his son had been detained by police officers who had pressured him to confess to the preparation of a terrorist act. The applicant alleged violations of Article 3 (prohibition of torture and ill treatment), Article 5 (right to liberty and security) and Article 13 (right to an effective remedy).

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