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.
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:
(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,
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
The Hungarian Helsinki Committee (HHC) recently updated its 2011 Report on Serbia (Serbia as a Safe Third Country Revisited) based on a field mission there on 2-4 April 2012. Overall HHC's concerns expressed in the 2011 report remain valid. The findings of the report focus on a) limited access to protection and lack of procedural safeguards; b) risk of chain refoulement; c) danger of destitution.
The applicants are a married couple of Bosnian nationality. Mrs. Hasanbasic obtained a settlement permit in Switzerland in 1979. After they had married some years later, Mr. Hasanbasic obtained a settlement permit too. In 2004, he informed the authorities that he intended to return permanently to his country of origin and his settlement permit expired. However, he returned in December of the same year on a tourist visa. Mrs. Hasanbasic submitted a request for family reunification, but this was rejected by the authorities and courts, arguing that Mr.
The request for a preliminary ruling from the Austrian Asylum Court (Bundesasylamt) concerns a Somali national who entered the EU through Greece and applied for asylum in Austria after having transited through Macedonia, Serbia and Hungary. The national court raised three questions concerning the Dublin Regulation, which the Advocate GeneralCruz Villalón proposes the Court to answer to in the following manner.
On 6 April a series of changes to the British immigration legislation will come into force. They concern various issues, among them the leave to remain granted to unaccompanied asylum-seeking minors. The length of leave will be reduced from 36 to 30 months or until the minor reaches the age of 17 and a half. Leave to remain will cease in the case of misrepresentation or omission of facts which led to the initial grant.
Statewatch has published an analysis of the completion of the second phase of the Common European Asylum System by Professor Steven Peers. The analysis concludes that the second-phase legislation brings about "very limited improvements as regards reception conditions, modest improvements as regards procedures and qualification, no real improvement as regards the Dublin rules and a significant reduction in standards as regards Eurodac". It also underlines that not only harmonised legislation is needed to achieve real common standards, but also a more coherent and vigorous enforcement.
