News

  • European Parliament: favourable vote to the Asylum Procedures Directive and the Eurodac Regulation at the LIBE Committee

    Date: 
    Friday, October 4, 2013

    The LIBE Committee endorsed in a vote on Wednesday the provisional agreements reached by the Council and the Parliament on the Eurodac Regulation and the Asylum Procedures Directive last month. The texts will be put to the plenary vote of the Parliament in June together with the recast Dublin Regulation and Reception Conditions Directive.

  • ECtHR decisions in Al-Tayyar Abdelhakim v. Hungary (no. 13058/11) and Hendrin Ali Said and Aras Ali Said v Hungary (no. 13457/11)

    Date: 
    Friday, October 4, 2013

    In two cases this week, the European Court of Human Rights (ECtHR) condemned Hungary for unlawfully detaining at the Debrecen Reception Centre for Refugees asylum seekers, pending the outcome of their asylum claims, without effective judicial review of their detention. Both cases concerned complaints under Article 5§ 1 of the European Convention on Human Rights (ECHR) (right to liberty and security).

  • ECtHR decision in Bakoyev v. Russia (no. 30225/11) [Articles 3 and 5 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is an Uzbek national who was arrested in Moscow in June 2010 and placed in custody with a view to his extradition to Kyrgyzstan. He was released one year later, but then placed in custody again pending his extradition to Uzbekistan where he was wanted on fraud charges. An asylum claim he had filed was rejected in May 2011. Mr. Bakoyev alleged that, if extradited to Uzbekistan, he would face risk of ill-treatment and unfair trial. He also complained about his two detention periods pending extradition on account of their unlawfulness and excessive length.

  • Comparative Analysis of Gender-Related Asylum Claims in Europe Released

    Date: 
    Friday, October 4, 2013

    The “Gender-related asylum claims in Europe” study was released on 30 May 2012 following a launch at the European Parliament. The study provides a comparative analysis of law, policies and practices focusing on women in nine EU Member States – Belgium, France, Hungary, Italy, Malta, Romania, Spain, Sweden and the United Kingdom.

  • Ireland: High Court: W.A [DRC] -v- Minister for Justice & Anor, 2012 IEHC 251, 25/06/2012

    Date: 
    Friday, October 4, 2013

    The applicant is a national of the Democratic Republic of Congo (DRC) who arrived in Ireland in November 2009, and claimed asylum. In a report dated the 8th March, 2010, under s. 13(1) of the Refugee Act 1996 (as amended) the Office of the Refugee Commissioner gave a negative recommendation upon the asylum application. This recommendation was based upon the primary conclusion that the account given by the applicant as the basis of his fear of persecution lacked credibility.

  • ECtHR judgment in Mohammed v. Austria (no. 2283/12) [Articles 3 and 13 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is a Sudanese national who arrived in Austria via Greece and Hungary and applied for asylum. His application was rejected under the Dublin Regulation and his transfer to Hungary was ordered. Several months later, he filed a second asylum application, which did not have suspensive effect.  Before the ECtHR, he argued that his transfer to Hungary would expose him to treatment contrary to Article 3. He also relied on Article 13, because his second asylum request in Austria did not have any suspensive effect in relation to the transfer order.

  • UK: Duty to trace the families of unaccompanied children: Follow-up to the KA case

    Date: 
    Friday, October 4, 2013

    In the case of KA (Afghanistan) and others v Secretary of State for the Home Department [2012] EWCA Civ 1014, the England and Wales Court of Appeal established a series of principles to be applied to cases where the Secretary of State for the Home Department had breached her duty to trace the families of unaccompanied asylum-seeking children as prescribed by Article 19.3 of the Reception Directive. This judgment established that said duty was not fulfilled by merely granting children leave to remain until they were 17 and a half and directing them to the Red Cross.

  • Entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR)

    Date: 
    Friday, October 4, 2013

    Last 5 February, the 10th instrument of ratification of the Optional Protocol to the ICESCR was deposited, producing the effect of its the entry into force this 5 May. The Protocol was adopted in 2008 and empowers the Committee on Economic, Social and Cultural Rights, a UN Treaty Body entrusted with the monitoring of the implementation of the ICESCR, to receive individual complaints and to conduct inquiries in cases of grave or systematic violations of the rights under the Covenant (such as the right to work, to an adequate standard of living, to health or to education).

  • ECRE and the ELENA network open registration for the Introductory course on the international protection of refugees 2013

    Date: 
    Friday, October 4, 2013

    The 2013 ELENA Introductory course on the International Protection of Refugees will take place from 10-12 May in Lisbon, Portugal.

    The purpose of the course is to look at the international protection framework for Refugees. It will consider this topic from an international law perspective but reference will be also made to the European framework. It will look at the refugee definition and will examine concepts such as well-founded fear, reasons for persecution, agents of persecution and the failure of state protection.

  • The Court of Justice of the European Union: Opinion of Advocate General Trstenjak in case C-245/11, K, reference for a preliminary ruling from the Asylgerichtshofs [Austria]

    Date: 
    Friday, October 4, 2013

    (Regulation (EC) No 343/2003 – Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national – Article 3(2) – Sovereignty clause – Article 15 – Humanitarian clause – Application of Regulation No 343/2003 consistent with fundamental rights – Article 4 of the Charter of Fundamental Rights – Prohibition of torture and inhuman or degrading treatment or punishment – Article 7 of the Charter of Fundamental Rights – Respect for private and family life)

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