News

  • ECtHR released decision in Rahmani and Dineva v. Bulgaria (Application no. 20116/08) [Articles 5,8 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicants, Ahmed Rahmani, an Algerian national, and Dimka Dineva, a Bulgarian national, were born in 1964 and 1959 respectively and live in Stara Zagora (Bulgaria). A married couple, they complain about Mr Rahmani's detention pending execution of the removal order issued against him on the ground that he was unlawfully present in the country.

  • Equal Rights Trust publishes Guidelines on Stateless Persons and Arbitrary Detention

    Date: 
    Friday, October 4, 2013

    The Equal Rights Trust Guidelines to Protect Stateless Persons from Arbitrary Detention became available online on 10/07/2012. The Guidelines provide detailed guidance on how states should treat stateless persons in the context of immigration detention in order to comply with their obligations under international human rights law, in particular the rights to equality and non-discrimination and the right to be free from arbitrary detention.

  • CJEU Judgment in case C-528/11, Halaf, 30 May 2013

    Date: 
    Friday, October 4, 2013

    (Asylum - Regulation (EC) No 343/2003 - Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national - Article 3(2) - Discretion of the Member States - Role of the Office of the United Nations High Commissioner for Refugees - Obligation of Member States to request that Office to present its views - None)

    Facts of the case

  • United Kingdom: Court of Appeals stays Dublin removals to Cyprus

    Date: 
    Friday, October 4, 2013

    The Court of Appeal in the UK has granted stays preventing the removal of three asylum seekers to Cyprus in accordance with the Dublin Regulation while it awaits a pronouncement of the Supreme Court that should clarify the criteria under which a Dublin transfer should be discarded. In a case from the Appeals Court concerning a Dublin transfer to Italy, the Supreme Court is expected to establish whether systemic deficiencies in the asylum system and reception conditions are required to stop Dublin removals, or whether an individual risk of violations of ECHRs rights would suffice.

  • Referral to CJEU in Case C- 158/13 Hamidullah Rajaby v Staatssecretaris van Veiligheid en Justitite

    Date: 
    Friday, October 4, 2013

    A reference for a preliminary ruling concerning the Dublin Regulation was published this week by the CJEU. It was lodged on 28 March 2013 by the Rechtbank Den Haag (Netherlands) and the questions read as follows:

  • ECtHR decision in Suleymanov v. Russia (no. 32501/11) [Article 3 ECHR]

    Date: 
    Friday, October 4, 2013

    The case concerns the alleged ill-treatment and abduction of the applicant's son in Chechnya in May 2011. According to the applicant, his son was beaten and abducted by armed men in uniform while he was at work, and since then he has received no reliable news about him. Two days before, his son had been detained by police officers who had pressured him to confess to the preparation of a terrorist act. The applicant alleged violations of Article 3 (prohibition of torture and ill treatment), Article 5 (right to liberty and security) and Article 13 (right to an effective remedy).

  • ECtHR decision in S.H.H. v. the United Kingdom (no. 60367/10) [Article 3 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is an Afghan national who had been left disabled by a rocket launch in Afghanistan in 2006. He arrived in the United Kingdom in 2010 and applied for asylum, but his application was unsuccessful. Before the European Court of Human Rights, he alleged that his removal to Afghanistan would breach Article 3 ECHR as it would expose him to a higher risk of violence owed to his disability. He would also face lack of support and general discrimination.

  • Parliamentary Assembly Joint Informal Body: Accession of the European Union to the European Convention on Human Rights

    Date: 
    Friday, October 4, 2013

    A joint informal body of members of the European Parliament and Council of Europe parliamentarians has welcomed the prospect of talks resuming on EU accession to the European Convention on Human Rights (ECHR).


    Last week the Committee of Ministers of the Council of Europe decided to pursue negotiations with the European Union with a view to finalising the legal instruments setting out the modalities of accession. The high-level political negotiations stalled in the Autumn of 2011 after the completion of most of the technical work on accession.

  • European Commission: 2012 Report on the application of the Charter of Fundamental Rights

    Date: 
    Friday, October 4, 2013

    On 8 May, the European Commission released its 2012 report on the application of the Charter of Fundamental Rights. The report examines the action taken by the EU in 2012 to implement the Charter's rights in EU legislation and to ensure that this is in compliance with the Charter. It also reports on the impact of the Charter on the external action of the EU and on the most relevant cases of the Court of Justice concerning the Charter.

  • 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?

Pages

Subscribe to News