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  • CJEU judgment in Case C-277/1, M.M. v Minister for Justice, Equality and Law Reform, Ireland, 22 November 2012

    Date: 
    Friday, October 4, 2013

    (Reference for a preliminary ruling - Common European Asylum System - Directive 2004/83/EC - Minimum standards for qualification for refugee status or subsidiary protection status - Article 4(1), second sentence - Cooperation of the Member State with the applicant to assess the relevant elements of his application - Scope - Lawfulness of the national procedure for processing an application for subsidiary protection following rejection of an application for refugee status - Observance of fundamental rights - Right to be heard)

    Referred Questions:

  • Updated editions of the Refugee Law Reader launched by Hungarian Helsinki Committee

    Date: 
    Friday, October 4, 2013

    The Hungarian Helsinki Committee announced on 17/04/2012 the launch of three updated and expanded editions of the Refugee Law Reader: the Sixth Edition in English, the Second Edition in French and the First Edition in Russian. These editions, together with the previously launched Second Edition in Spanish, provide a comprehensive online model curriculum for the study and implementation of the complex and rapidly evolving field of international asylum and refugee law.

  • United Kingdom: RT (Zimbabwe) and others (Respondents) v Secretary for State for the Home Department (Appellant); KM (Zimbabwe) (FC) (Appellant) v Secretary of State for the Home Department [2012] UKSC 38,

    Date: 
    Friday, October 4, 2013

    The UK Supreme Court published on 25/07/2012 its judgment on the case of RT and Others v. the Secretary of State for the Home Department; KM, FC v. the Secretary of State for the Home Department. The first appeal concerns RT, SM and AM. They arrived in the UK from Zimbabwe at various times between 2001 and 2008 and have each claimed asylum here. Each of their claims was refused. RT, while credible, had never been politically active.

  • ILGA updates its surveys of law criminalising and protecting same-sex relationships

    Date: 
    Friday, October 4, 2013

    In May, the International Lesbian and Gay Association updated its world survey on laws criminalising and protecting same-sex relationships, entitled "State-Sponsored Homophobia". The report includes a short note arguing that the absence of criminalisation of homosexual activity does not demonstrate the absence of risk of persecution in a give country.

  • CJEU: upcoming hearing on reference from Dutch Council of State on membership of a particular social group and sexual orientation

    Date: 
    Friday, October 4, 2013

    11 April 2013: Joined cases C-199/12, C-200/12 and C-201/12, X, Y and Z.

    The CJEU will be holding a hearing concerning these three joined cases, in which the Dutch Council of State referred the following questions:

  • ECtHR decision in Barjamaj v. Greece (No. 36657/11) [Article 5 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is an Albanian national who had been living without authorisation in Greece for ten years. In 2011, while he was still a minor, he was arrested and remanded in custody pending a decision on his expulsion. When this decision was taken, his detention was extended in order to prevent him from absconding. After spending a total of 14 days in detention, he was released upon an order of the administrative court of Athens. By the time of the judgment, the expulsion order had not been executed. Before the Court, Mr.

  • ECtHR interim measures against Germany enjoins return to Italy

    Date: 
    Friday, October 4, 2013

    The European Court of Human Rights issued on 13 February an interim measure enjoining the return of a Somali family of asylum seekers from Germany to Italy. The family had first arrived in Italy and moved to Germany some months afterwards. The removal had been allowed by German courts, but the case was referred to the ECtHR, which has given the German Government until 6 March to provide information on the guarantees that it can obtain from the Italian Government to assure that the applicants will receive a sufficient level of protection in view of their particular family situation.

  • ECtHR releases decision in Rustamov v. Russia (no. 11209/10) [Articles 3, 5 § 1 and 4, Article 8 and Article 13]

    Date: 
    Friday, October 4, 2013

    The applicant, Sobir Rustamov, is an Uzbekistani national who was born in 1966 and lived in Uzbekistan until 2005. He has been living in Russia with his wife and three minor children since 2007. On a wanted list in Uzbekistan for attempting to overthrow the constitutional order, he was arrested in February 2010 in Moscow. At the Uzbek authorities’ request, the Russian courts subsequently authorised his detention pending extradition, finding that the Russian Prosecutor General’s decision to extradite him had been lawful.

  • General Comment of the Committee on the Rights of the Child on the child's best interest

    Date: 
    Friday, October 4, 2013

    The Committee on the Rights of the Child, established under the UN Convention on the Rights of the Child, has released its General Comment on Article 3(1) of the Convention, which establishes the right of the child to have his or her best interest taken as a primary consideration. The comment seeks to ensure the application of and respect for the best interests of the child by states parties to the Convention. It defines the requirements for due consideration in actions concerning the child and in the adoption of legislation and other general measures concerning children.

  • 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.

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