Journal

Justiciable rights stemming from delays in first instance determination decisions

Date: 
Friday, November 4, 2016

Introduction

Delays in issuing first instance decisions are becoming part and parcel of Member States asylum procedures. As the recent AIDA briefing on the length of asylum procedures has pointed out States often exceed prescribed deadlines by a considerable amount of time. Ultimately lengthy waiting times lead to precarity and uncertainty for individuals given that rights associated with international protection are effectively stalled. As aptly pointed out by the...

Mirza and the application of the Safe Third Country concept under the Dublin Regulation: a foreboding of things to come?

Date: 
Wednesday, October 12, 2016

Introduction

The judgment by the Court of Justice of the European Union (CJEU) in Mirza is a tightly constructed decision in response to a series of highly circumscribed questions posed by the Debrecen Administrative and Labour Court in Hungary. Given the very precise answers one may doubt the judgment’s utility, especially since the Court’s decision is completely detached from the context of the...

The formulation of the right to family life beyond ZAT & Others in recent UK jurisprudence

Date: 
Wednesday, June 15, 2016

Introduction

In ZAT and Others the Upper Tribunal affirmed the positive legal duty under Article 8 of the Convention on Human Rights on the State to admit four unaccompanied children to the territory in order to achieve family reunification with their siblings who had refugee status in the UK. The case firstly showed that family...

The impact of European Union law on Family Reunification in Greece

Date: 
Wednesday, March 9, 2016

Introduction

Accounting for approximately 30% of all permanent flows towards the EU, family reunification constitutes an integral part of the Union's policy on migration. In regulating the issue, the EU legislator had to strike a balance between protecting external borders and safeguarding human rights, as mandated in articles 2, 3, 6, 21 TEU, and 67 TFEU. With regards to...

Allocating responsibility for an asylum application through Convention rights: The potential impact of ZAT & Others

Date: 
Thursday, March 3, 2016

This journal entry should be read in conjunction with the EDAL case summary available here, where a summary of the facts is also available.

Introduction:

The presence of migrant and refugee camps in northern France, on the edge of the Schengen zone and just 21 miles away from the UK has long been symbolic of the practical failings of the CEAS and in particular...