Panel decisions regarding referrals to the Grand Chamber (N.D. and N.T. v. Spain and Ndidi v. the United Kingdom)

On 29 January 2018, the Grand Chamber panel decided to refer the case N.D. and N.T. v. Spain to the Grand Chamber. The case concerns the immediate return to Morocco of sub-Saharan migrants who attempted to enter Spanish territory by scaling the barriers which surround the Melilla enclave. On 3 October 2017, the Chamber had found in favour of the applicants that their removal without any identification procedure or administrative or judicial measures would result in a violation of Article 4 of Protocol 4 (prohibition of collective expulsion) by Spain.

At the same time, the Grand Chamber panel decided not to refer the case Ndidi v. the United Kingdom to the Grand Chamber. The case concerned a Nigerian national who arrived in the United Kingdom at the age of two years old and who complained that his deportation from the UK to Nigeria would violate his rights under Article 8 ECHR. However, the Chamber judgment found that this was not the case.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.