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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.

ECRE: The Asylum Information Database (AIDA) is now active!

Date: 
Friday, October 4, 2013

AIDA is an ECRE project that compiles country reports and resources for asylum seekers, practitioners and advocates. Additionally, there is an interactive tool that allows one to compare asylum procedures, reception conditions, and detention practices across different European countries.

 

See more at the AIDA website.

CJEU : AG Opinion in X, Y, Z v. Minister voor Immigratie, Integratie en Asiel (Joined Cases C-199/12, C-200/12 & C-201/12) [Arts. 9 & 10(1)(d), Qualification Directive]

Date: 
Friday, October 4, 2013

In a case involving three homosexual men seeking refugee status in the Netherlands who come from countries where homosexual acts are criminal offences (Sierra Leone, Uganda, and Senegal) the national court raised three questions concerning the assessment of applications for refugee status under the provisions of Chapter III of Council Directive 2004/83/EC (‘the Directive’).  First, do third country nationals who are homosexual form a particular social group within the meaning of Article 10(1)(d) of the Directive?

CJEU : AG Opinion in Shamso Abdullahi v Bundesasylamt (C-394/12) [Arts 10, 16, 18, 19, Dublin Regulation]

Date: 
Friday, October 4, 2013

The request for a preliminary ruling from the Austrian Asylum Court (Bundesasylamt) concerns a Somali national who entered the EU through Greece and applied for asylum in Austria after having transited through Macedonia, Serbia and Hungary. The national court raised three questions concerning the Dublin Regulation, which the Advocate GeneralCruz Villalón proposes the Court to answer to in the following manner.

EASO: Annual Report on the Situation of Asylum in the European Union 2012

Date: 
Friday, October 4, 2013

EASO has released its second Annual Report on the Situation of Asylum in the EU in 2012. The report includes an overview of the number of applicants for international protection in the EU, as well as recognition rates and major developments at both the national and EU level. A total of 335,365 asylum applications were filed in the EU, and the overall EU protection rate was 28%.

Report of the UN Special Rapporteur on trafficking in persons, especially women and children

Date: 
Friday, October 4, 2013

The UN Special Rapporteur on trafficking in persons, especially women and children, has released her activity report, covering a time span from August 2012 until February 2013. The report will be put to the Human Rights Council during its next session. The report comprises a thematic analysis of the integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons and which leads to human trafficking.

ECtHR decision in Baysultanova and Others v. Russia (no. 7461/08) [Arts. 2, 3, 5 and 13 ECHR]

Date: 
Friday, October 4, 2013

The applicants are Russian nationals who live in Grozny, the Chechen Republic. The case concerned the disappearance of Beslan Baysultanov, the applicants’ son and brother, respectively, in May 2000, after he had been taken away by armed men in uniforms.

European Court of Human Rights and Fundamental Rights Agency: Handbook on European law relating to asylum, borders and immigration

Date: 
Friday, October 4, 2013

The European Court of Human Rights and the EU Fundamental Rights Agency launched this week their Handbook on European Law relating to asylum, borders and immigration.

Dublin Transnational ProjectTraining Module available online

Date: 
Friday, October 4, 2013

The Training Module designed by the Dublin Transnational Project is available online since last week. The module is aimed at national and European asylum law practitioners and organisations confronted in their work to the Dublin Regulation, and also to individuals interested in the Dublin Regulation for research or academic purposes.  The training module comprises a manual explaining the Dublin Regulation and its application in practice.

ECtHR judgment in Sidikovy v. Russia (no. 73455/11) [Articles 3 and 5 ECHR]

Date: 
Friday, October 4, 2013

The applicants are a married couple of Tajikistani nationality who live in Moscow. Mr. Sidikov was arrested in 2010 and placed in detention pending his extradition to Tajikistan, where he was wanted for charges related to his activity for the Islamic organisation Hizb ut-Tahrir. His extradition was ordered and upheld by courts, but it was not enforced in view of the application for temporary asylum that he lodged in December 2011, which was accepted in August 2012 and grants him protection for one year. Ms.

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