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  • ECtHR decision in I.K. v. Austria (no. 2964/12) [Articles 2, 3 and 8 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant, Mr. K., is a Russian national of Chechen origin who lives in Vienna. After the killing of his father and after having suffered arrests and beatings by Russian soldiers himself, he arrived in Austria together with his mother in 2004 and requested asylum. Their claims were rejected. However, on appeal his mother was recognized as a refugee.

  • JHA Council: Dublin Regulation and outstanding legislative proposals

    Date: 
    Friday, October 4, 2013

    During its meeting on 6-7 December the Council confirmed the political agreement on the Dublin Regulation and was informed about the state-of-play of the outstanding legislative proposals concerning the Common European Asylum System:

  • European Commission: Smart Borders package

    Date: 
    Friday, October 4, 2013

    The European Commission will be presenting its Smart Borders package to the upcoming Justice and Home Affairs Council of 7-8 March. The package includes three proposals for regulations:

  • ECtHR releases decision in Abidov v. Russia (no. 52805/10) [Article 5 §§ 1 and 4 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant, Zhakhongir Abidov, is a Kyrgyzstan national who was born in 1981 and lives in Novosibirsk (Russia). An ethnic Uzbek, he has regularly travelled to Russia for work purposes since 2001. In June 2010 he was arrested in Novosibirsk as he was wanted by the Uzbek authorities on suspicion of setting up an extremist organisation whose aim is to overthrow the constitutional order in Uzbekistan; his extradition was also granted shortly thereafter. However, he has since been released in March 2011 when the Russian courts quashed the decision to extradite him.

  • UNHCR: Gender, Migration and Human Rights Conference: Paper on "Distinction, Discretion, Discrimination: The new Frontiers of Gender Related Claims to Asylum"

    Date: 
    Friday, October 4, 2013

    The paper "Distinction, Discretion, Discrimination: the new frontiers of gender-related claims to asylum" was presented by Ms. Alice Edwards, Senior Legal Coordinator and Chief, Protection Policy and Legal Advice Section, Division of International Protection, UNHCR during the Gender, Migration and Human Rights Conference, organized by the European University Institute in Florence, Italy Uniteon 18-19 June 2012.

  • CJEU Judgment in case C-534/11, Arslan, 30 May 2013

    Date: 
    Friday, October 4, 2013

    (Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - Applicability to asylum seekers - Possibility of keeping a third-country national in detention after an application for asylum has been made)

    Facts of the case

  • Human Rights Council: Resolution on the rehabilitation of victims of torture

    Date: 
    Friday, October 4, 2013

    The United Nations Human Rights Council adopted during its 22nd session its first resolution dealing with redress and rehabilitation of victims of torture. The resolution reminds states of their international obligations with respect to the prohibition of torture. These include the provision of redress to victims, among others in the form of rehabilitation.

  • Referral to CJEU in Case C-166/13, Sophie Mukarubega v Préfet de police, Préfet de la Seine-Saint-Denis

    Date: 
    Friday, October 4, 2013

    A reference for a preliminary ruling concerning the impact Article 41 of the Charter of Fundamental Rights on return decisions was published this week by the CJEU. It was lodged on 3 April 2013 by the Tribunal administratif de Melun (France) and the questions read as follows:

  • CJEU Judgment in Case C-430/11, Md Sagor, 6 December 2012

    Date: 
    Friday, October 4, 2013

    (Reference for a preliminary ruling -  Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation providing for a fine which may be replaced by an order for expulsion or home detention)

    Referred Questions
    In the light of the principles of sincere cooperation and the effectiveness of directives,

  • CJEU judgment in case C-175/11 H.I.D., 31 January 2013

    Date: 
    Friday, October 4, 2013

    Request for a preliminary ruling - Common European Asylum System - Application by a national of a third country seeking refugee status - Directive 2005/85/EC - Article 23 - Possibility of prioritising the processing of asylum applications - National procedure applying in a prioritised procedure for the examination of applications by persons belonging to a certain category defined on the basis of nationality or country of origin - Right to an effective judicial remedy - Article 39 of Directive 2005/85 - Concept of "court or tribunal" within the meaning of that article

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