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  • Abdi v. UK (no. 27770/08) [Articles 3 and 5 ECHR]

    Date: 
    10/04/2013

    The applicant, Mr. Abdi, is a Somali national who applied for asylum in the United Kingdom and is currently detained in a British prison. In 1998 he was sentenced to imprisonment. In 2003 his release became automatic, but he remained in detention as a result of a deportation order issued in 2002 and a subsequent authority for detention. In April 2004, the Home Department authorised his detention until deportation. However, deportation was not possible for the British authorities until July 2006. His detention during this period was declared lawful by British Courts. Mr.

  • Council of Europe Commissioner for Human Rights comments that decisions concerning migrant children must always be based on their best interests

    Date: 
    10/04/2013

    The Commissioner, Nils Muižnieks, strongly condemns forced returns of children, detention of children, the use of X-ray tests to determine age, and recent proposals by the Netherlands, Norway, Sweden and the United Kingdom to set up a 'return house' called the 'Welcoming Centre' in Afghanistan to facilitate the return of children. While aimed at family reunification, the idea has been opposed due to risks of sexual and military trafficking, the high difficulty of family tracing in Afghanistan, and the risks of child disappearance and persecution.

  • CJEU: Opinion of Advocate General Bot in case C-529/11 Alarpe and Tijani, 15 January 2013

    Date: 
    10/04/2013

    (Free movement of persons - Directive 2004/38/EC - Right of permanent residence - Article 16 - Legal residence - Residence based on Article 12 of Regulation (EEC) No 1612/68)

  • ECtHR interim measures against Germany enjoins return to Italy

    Date: 
    10/04/2013

    The European Court of Human Rights issued on 13 February an interim measure enjoining the return of a Somali family of asylum seekers from Germany to Italy. The family had first arrived in Italy and moved to Germany some months afterwards. The removal had been allowed by German courts, but the case was referred to the ECtHR, which has given the German Government until 6 March to provide information on the guarantees that it can obtain from the Italian Government to assure that the applicants will receive a sufficient level of protection in view of their particular family situation.

  • ECtHR releases decision in Rustamov v. Russia (no. 11209/10) [Articles 3, 5 § 1 and 4, Article 8 and Article 13]

    Date: 
    10/04/2013

    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.

  • Rakhmonov v. Russia (no. 50031/11) [Articles 2, 5 § 1,4 ECHR]

    Date: 
    10/04/2013

    The applicant, Abdusami Rakhmonov, is an Uzbekistani national who was born in 1974 and has been living in Moscow since July 2010. In September 2010, a court in Uzbekistan ordered his arrest pending a criminal investigation against him. In February 2011, he was arrested in Moscow and placed in detention with a view to his extradition to Uzbekistan. In August 2011, the Russian Prosecutor General rejected the request for his extradition. An order for his administrative expulsion was quashed by the courts in September 2011.

  • European Commission: EASO publishes its first Country of Origin Information Report on Afghanistan

    Date: 
    10/04/2013

    On 10/07/2012, the European Asylum Support Office published its first country of origin information (COI) report. The report focuses on Taliban recruitment strategies in Afghanistan. It has also published a methodology guideline for future similar reports. Country of origin reports represent a crucial tool for the decision-making on asylum applications and their availability enhances harmonisation of asylum procedures in the EU.

  • ECtHR - Rafaa v. France (no. 25393/10) [Articles 2 and 3 ECHR]

    Date: 
    10/04/2013

    The applicant is a Moroccan national who arrived illegally in France. He alleged that he had been tortured by the Moroccan secret services because of his support to the Sahrawi cause. He was placed in detention and, following an international arrest warrant from Morocco based on allegations of terrorism, he was imprisoned with a view to his extradition in 2009. The French authorities approved his extradition and the applicant's appeals were dismissed. In the meantime he had also applied for asylum, but his application was dismissed.

  • CJEU: preliminary ruling reference from the Netherlands on assessment of credibility in sexual orientation cases

    Date: 
    10/04/2013

    The Dutch Council of State has decided to refer a question for a preliminary ruling of the Court of Justice of the European Union concerning the assessment of the credibility of asylum claims based on persecution on grounds of sexual orientation:

  • PACE adopts reports and resolutions on migration and asylum issues

    Date: 
    10/04/2013

    The Parliamentary Assembly of the Council of Europe has adopted two reports with the corresponding resolutions and recommendations to the Committee of Ministers concerning  migration and asylum issues.

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