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Communicated cases against France, Russia, Czech Republic and Hungary

Date: 
Wednesday, December 13, 2017

The European Court of Human Rights has recently communicated several asylum-related cases:

CJEU: Requests for a preliminary ruling, C-661/17 M.A., S.A., A.Z.

Date: 
Monday, November 27, 2017

On 27 November 2017, the High Court of Ireland referred several questions to the CJEU regarding Article 17 of the Dublin III Regulation and the implications of Brexit on the application of the responsibility criteria under that Regulation.

UK Upper Tribunal rules on the benefit of the doubt in age assessment cases

Date: 
Saturday, November 11, 2017

On 11 November 2017, the UK Upper Tribunal (Immigration and Asylum Chamber) ruled in case AS, R (on the application of) v. Kent County Council, which concerned the application of the principle of the benefit of the doubt in age assessment cases. The case concerned an Afghan national who fled his country of origin after his father was kidnapped and killed by the Taliban.

Finland - Supreme Administrative Court - national authorities cannot expect the uncle of an unaccompanied minor to ensure that a child can safely return to his or her family

Date: 
Friday, November 10, 2017

On 10 November 2017, the Supreme Administrative Court of Finland ruled in case KHO:2017:173 regarding the rejection of the asylum application by an Iraqi unaccompanied minor followed by a return order.

Finland - Supreme Administrative Court - being in contact with the family is not in itself a proof that a child will be taken care of upon return

Date: 
Friday, November 10, 2017

On 10 November 2017, the Supreme Administrative Court of Finland ruled in case KHO:2017:172 regarding the return order and two-year entry ban issued to a Moroccan unaccompanied minor after the rejection of his asylum application.

The Supreme Admin

Germany: Administrative Court of Berlin relies on “humanitarian provision” to grant family reunification to an underage beneficiary of subsidiary protection despite temporary exclusion

Date: 
Tuesday, November 7, 2017

On 7 November 2017, the Administrative Court of Berlin ruled in case VG 36 K 92.17 V, which concerned the complaint brought by a Syrian family who attempted to request a visa in order to be reunited with their son, an unaccompanied minor who was granted subsidiary protection in Germany.

UN Human Rights Committee: O.Y.K.A. v. Denmark (removal to Greece would violate Articles 7 and 24 ICCPR)

Date: 
Tuesday, November 7, 2017

On 7 November 2017, the UN Human Rights Committee reached its decision regarding communication no. 2770/2016 (OYKA v. Denmark). The case concerned a Syrian national who applied for asylum in Greece in 2015 and who became homeless and lived on the streets for about two months after seeking support from the Greek authorities without success.

UK: High Court dismissed appeal against procedural issues in the implementation of the Dubs amendment

Date: 
Thursday, November 2, 2017

On 2 November 2017, the England and Wales High Court ruled in case R (on the application of Help Refugees Limited) v Secretary of State for the Home Department (SSHD), which concerned a complaint brought by Help Refugees in relation to the delay in relocating unaccompanied children under section 67 of the UK Immigration Act 2016 (the so-called “Dubs amendment”). The AIRE Centre was an intervener in the case.

CJEU: Opinion AG Bot in Case C-550/16 A. and S., 26 October 2017

Date: 
Thursday, October 26, 2017

On 26 October 2017, Advocate General Bot published his Opinion in case C-550/16 A. and S., which concerned the right to family reunification of children who reach the age of majority after lodging an application for international protection and before requesting reunification with their family.

Germany: BAMF must comply with Dublin timeframes to transfer applicants from Greece, despite agreement between the two national authorities.

Date: 
Friday, September 22, 2017

On 15 September 2017, the German Administrative Court of Wiesbaden ruled that the Federal Office for Migration and Refugees (BAMF) must comply with the timeframes for carrying out a Dublin transfer as set out in the Dublin III Regulation.

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