Latest News


UK: Home Office breached duties towards potential victims of trafficking and sexual minorities in DFT

Date: 
Thursday, July 9, 2015

The High Court has approved an order declaring that the Home Office unlawfully detained three potential victims of trafficking in the Detained Fast Track (‘DFT’) system for processing asylum claims. 

France: Administrative Tribunal of Nantes annuls Dublin transfer to Italy

Date: 
Friday, July 24, 2015

The Administrative Tribunal of Nantes has annulled a decision by the Prefecture of Loire-Atlantique to transfer a single, Congolese man to Italy under the Dublin III Regulation.
 

Latest Cases


Date of Decision: 05-11-2014

This CJEU ruling concerned the interpretation of Article 6 of Directive 2008/115/EC (‘the Return Directive’) in relation to the right to be heard prior to a return decision being made, to return illegally staying third-country nationals.

It was found that where the national authority had explicitly provided for the obligation to leave national territory in cases of illegal stay in its national legislation and the third-country national had properly been heard in the context of the procedure for examining his/her right to stay; the right to be heard did not require the applicant to be given an additional opportunity to present observations prior to the issue of a return decision. 

Keywords: Assessment of facts and circumstances, Procedural guarantees , Date of Decision: 17-07-2014

Three third country nationals applied for lawful residence in the Netherlands and sought access under the Directive 95/46 (the Data Protection Directive) to an official administrative document (a ‘minute’) containing legal analysis in relation to the decisions on their applications.

The CJEU found that the legal analysis in itself did not constitute ‘personal data’ within the meaning of the Directive and as such there had been no infringement of the applicants’ right of access to data. In addition, Article 41(2)(b) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the applicant for a residence permit cannot rely on that provision against the national authorities, as it is not addressed to the Member States. 

Country of Applicant: Morocco, Syria , Keywords: Detention, Return, Reception conditions , Date of Decision: 17-07-2014

A member state cannot rely on the fact that there are no specialized detention facilities in a part of its territory to justify keeping non-citizens in prison pending their removal.

About EDAL


The European Database of Asylum Law (EDAL) is an online database co-ordinated by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 17 EU Member States, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The summaries are published in English and in the relevant Member State’s national language.

For more information please see here.

If you are interested in contributing an article on a relevant subject to the EDAL blog or would like to inform us about an important national judgment, please kindly send an email to Amanda Taylor (ataylor@ecre.org) or Julia Zelvenska (jzelvenska@ecre.org).