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  • Netherlands: Court of Appeal suspends Dublin Transfer to Poland (AWB 13/11314) [Art. 47, Charter of Fundamental Rights of the EU]

    Date: 
    Friday, October 4, 2013

    The Court of Appeal suspended a Dublin transfer from the Netherlands to Poland. The argument invoked by the applicant was the lack of an effective remedy in accordance with Article 47 of the EU Charter in Poland in asylum cases. This is based on the fact that in Poland an asylum seeker can lodge a request for administrative review of the negative decision taken by the Polish Office for Foreigners with the Refugee Board (administrative authority) which has suspensive effect.

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

    Date: 
    Friday, October 4, 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: 
    Friday, October 4, 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.

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