Journal

Detention of asylum-seekers under the scope of Article 5(1)(f) of ECHR - some thoughts based on recent ECHR and CJEU jurisprudence

Date: 
Wednesday, September 14, 2016

Introduction

The deprivation of liberty is only authorised under the ECHR if it pursues a specific objective defined in subparagraphs (a)-(f) of Article 5(1). Detention of irregular migrants, as well as asylum seekers usually falls under subparagraph (f), which has two limbs: to prevent unauthorised entry or when action is being taken with the view to deportation. Under EU law Article 8(3) of the

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The right to an effective remedy in asylum proceedings in Poland

Date: 
Tuesday, August 30, 2016

Introduction

In Poland cases concerning international protection are examined by the Head of the Office for Foreigners and the appeals are handled by the administrative authority called the Refugee Board. The decisions of the Refugee Board can be appealed to the Voivodeship Administrative Court in Warsaw. Its judgements can be subject to cassation proceedings conducted by the Supreme Administrative Court. In this system with two authorities carrying out administrative proceedings and two administrative courts, separate from common courts, which appeal should be...