News

  • Comparative Analysis of Gender-Related Asylum Claims in Europe Released

    Date: 
    Friday, October 4, 2013

    The “Gender-related asylum claims in Europe” study was released on 30 May 2012 following a launch at the European Parliament. The study provides a comparative analysis of law, policies and practices focusing on women in nine EU Member States – Belgium, France, Hungary, Italy, Malta, Romania, Spain, Sweden and the United Kingdom.

  • Ireland: High Court: W.A [DRC] -v- Minister for Justice & Anor, 2012 IEHC 251, 25/06/2012

    Date: 
    Friday, October 4, 2013

    The applicant is a national of the Democratic Republic of Congo (DRC) who arrived in Ireland in November 2009, and claimed asylum. In a report dated the 8th March, 2010, under s. 13(1) of the Refugee Act 1996 (as amended) the Office of the Refugee Commissioner gave a negative recommendation upon the asylum application. This recommendation was based upon the primary conclusion that the account given by the applicant as the basis of his fear of persecution lacked credibility.

  • ECtHR judgment in Mohammed v. Austria (no. 2283/12) [Articles 3 and 13 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is a Sudanese national who arrived in Austria via Greece and Hungary and applied for asylum. His application was rejected under the Dublin Regulation and his transfer to Hungary was ordered. Several months later, he filed a second asylum application, which did not have suspensive effect.  Before the ECtHR, he argued that his transfer to Hungary would expose him to treatment contrary to Article 3. He also relied on Article 13, because his second asylum request in Austria did not have any suspensive effect in relation to the transfer order.

  • European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment: Report on Visit to Malta

    Date: 
    Friday, October 4, 2013

    The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment adopted a report drawn up following its visit to Malta in September 2011. The CPT examined conditions at detention centres for foreigners.

  • Firoz Muneer v. Belgium (no. 56005/10) [Article 5 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant, Mr. Muneer, is an Afghan national who arrived in Belgium in 2009 and applied for asylum. As it appeared that he had been in Greece previously, Belgium arranged for his return under the Dublin regulation. Mr. Muneer was ordered to quit the Belgian territory and placed in a detention centre. His return to Greece was organised, but after he refused to board the plane, a second detention order valid for two months was issued.

  • European Commission: report published for Parliament and the Council on the requirements for children crossing the borders of the Member States, 2 August 2013

    Date: 
    Friday, October 4, 2013

    The report presents the various requirements in EU and national law and policy 'aiming at securing border crossings of children, safeguarding their rights as well as fighting against abduction and trafficking', and makes recommendations. It expresses support for the implementation of the 'one person-one passport' requirement, as replacing the 'family passport'. The Commission does not endorse a proposed requirement that the names of the child's legal guardian(s) be included in the child's passport.

  • Statewatch publishes analyses on EU immigration and asylum law in 2012 and the EU Justice and Home Affairs agenda for 2013

    Date: 
    Friday, October 4, 2013

    In the first analysis of the steps taken in 2012 with regard to the new EU legislation on asylum, Statewatch reviews the pieces of legislation which were agreed, but not adopted, in 2012, and those which were still under negotiation by the end of the year. Under the first category fall the Directive on Reception Conditions and the Dublin Regulation, while negotiations are still on going for the Directive on asylum procedures and the Eurodac Regulation. The outstanding issues concerning these two pieces of legislation are also analysed.

  • Frontex releases its Working Programme for 2013

    Date: 
    Friday, October 4, 2013

    Frontex has made public its Working Programme for 2013. It announces changes to the structure and allocation of resources owing to issues such as the implementation of the EUROSUR system, the operational support to Greece for its border management and the utilization of new structures and types of officers.

    Frontex's Working Programme for 2013 is available here.

  • The Court of Justice of the European Union: Opinion of Advocate General Trstenjak in case C-245/11, K, reference for a preliminary ruling from the Asylgerichtshofs [Austria]

    Date: 
    Friday, October 4, 2013

    (Regulation (EC) No 343/2003 – Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national – Article 3(2) – Sovereignty clause – Article 15 – Humanitarian clause – Application of Regulation No 343/2003 consistent with fundamental rights – Article 4 of the Charter of Fundamental Rights – Prohibition of torture and inhuman or degrading treatment or punishment – Article 7 of the Charter of Fundamental Rights – Respect for private and family life)

  • Swiss Administrative Court: Judgment of 2 October, D-2797/2010

    Date: 
    Friday, October 4, 2013

    The asylum seeker is a young man from Libya who had arrived in Malta in 2010 with a Maltese Schengen visa. He only spent one day in Malta and then took a plane to Switzerland, where he asked for asylum. The Swiss Federal Office for Migration (FOM, first instance asylum authority) asked Malta to take him back (based on art. 9.2 Dublin Regulation), to which the Maltese authorities agreed. The FOM took a negative Dublin decision with the intention of transferring the asylum seeker to Malta.

Pages

Subscribe to News